No amendment of plaint necessary = If for any reason the extent of the plaint schedule property as per the subsequent report of the Advocate Commissioner is found to be less, it is needless to say that if the petitioner/plaintiff has got right in the schedule property, the injunction can be confined only to that extent of the property even without the amendment.

HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO

 

CIVIL REVISION PETITION NO.228 of 2013

ORDER:

This Civil Revision Petition is filed by the petitioner/plaintiff against the order dated 30.10.2012 passed in I.A.No.1296 of 2012 in O.S.No.635 of 2008 on the file of the learned Principal Junior Civil Judge at Vizianagaram. 

The suit was filed for injunction. It appears that after the filing of the suit, an Advocate Commissioner was appointed and measurements were taken in the presence of the Mandal Surveyor. 

The application was filed to reduce the extent of the site shown in the plaint schedule as per the measurements taken subsequent to the filing of the suit. 

The Court below, after considering the objections of the defendants, has dismissed the application holding that the suit is one for injunction and not one for declaration of title. 

Evidently, on the basis of the subsequent measurements that were taken by the Advocate Commissioner with the assistance of the Mandal Surveyor, there cannot be any amendment to the plaint schedule. 

Even according to the learned counsel for the revision petitioner, the petitioner has given the boundaries in the plaint schedule as per the Sale Deed. 

If for any reason the extent of the plaint schedule property as per the subsequent report of the Advocate Commissioner is found to be less, it is needless to say that if the petitioner/plaintiff has got right in the schedule property, the injunction can be confined only to that extent of the property even without the amendment.

With the above observation, the Civil Revision Petition is disposed of, at the stage of admission.  There shall be no order as to costs.

As a sequel, C.R.P.M.P.No.312 of 2013 filed along with the civil revision petition shall stand disposed of.

                                                   ___________________________

                                              N.R.L. NAGESWARA RAO, J

29^th January, 2013

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HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO

 

Civil Revision Petition No.228 of 2013

29^th January, 2013

cbs