HTCDS, J CRP_5422_2015 1 APHC010698222015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 5422/2015 Between: P V V Satyanarayana, East Godavari Dist & Another and Others ...PETITIONER(S) AND Vasa Sambasiva Rao East Godavari Dist Another and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. The Court made the following: HTCDS, J CRP_5422_2015 2 ORDER:- 1. The present revision petition is filed questioning the order dt.08.10.2015 passed in IA No.373 of 2011 in OS No.5 of 2009, on the file of Principal Junior Civil Judge, Amalapuram. 2. It is the case of the petitioners that the respondents herein filed suit in OS No.5 of 2009 for permanent injunction restraining the petitioners/defendants from anyway interfering with the plaint schedule property and from removing any part of CD wall as shown in the plan filed along with the suit. 3. During the pendency of the suit, the respondents filed an application vide IA No.27 of 2009 seeking appointment of Advocate Commissioner as the petitioners/defendants removed the CD wall on the southern side of their property and tried to encroach into their property. The said application was allowed and Advocate Commissioner was appointed to visit the plaint schedule property and to note the physical features, including the estimated damage caused to CD wall. In pursuance of the said order Advocate Commissioner visited the suit schedule property and filed a report stating that the petitioners/defendants made encroachment into the property of the respondent/plaintiff. HTCDS, J CRP_5422_2015 3 4. In view of the same, the respondents filed the present application vide IA No.373 of 2011 under Order 6 Rule 17 of CPC seeking to amend the prayer in the suit. The proposed amendment is extracted hereunder: “The plaintiffs humbly submitted that the 1st defendant during the proceedings high-handedly trespassed into some part of the property of the plaintiffs and occupied the same. The 1st defendant made constructions by raising pillars and slab and some part of the pillars and slab in the encroached portion shown in the plain. The said encroached portion was shown as D, D1, I, I-1 in the plaint plan No.2. The defendants have no manner of right over the said encroached portion of D, D1 and I, I-1. As the 1st defendant encroached during the pendency of the suit and by falsely claiming right over the same the plaintiff was obliged to file the suit for declaration of their title over the D, D-1, I, I-1 of the plaint plan 2 and for vacant possession of the same after removing the constructions therein.” The valuation para also has to be amended by adding para 5(a) after para 5 as follows: “As this is a suit for declaration and possession the plaintiffs valued the relief U/s.24(a) as follows: Value of the encroached portion shown as D, D-1, I, I-1 an extent of 283.5 sq.ft. Hence, a Court of fee of Rs.4,111/- under Sch.I Art.1 (c) of A.P.C.f. Act” The relief para also has to be amended by adding the relief a1 after as follows:- “Granting declaration of the title of plaintiffs over the D, D-1, I, I-1 of the plaint plan 2 and for deliver vacant possession of the same after removing the constructions made by the defendants.” 5. The said application was resisted by the petitioners/defendants by filing the counter affidavit stating that the Advocate Commissioner did not execute warrant as per law HTCDS, J CRP_5422_2015 4 and further contended that the respondents/plaintiffs have no right, title or interest on the southern side of CD wall and prayed to dismiss the petition. 6. The Trial Court by order dt.08.10.2015 allowed the application filed by the respondents permitting them to amend the plaint. Aggrieved by the same, the present revision is filed. 6. Heard counsel for the petitioners and counsel for the respondents. 7. Perused the material available on record. 8. On perusal of the record, it is clear that during pendency of the suit, the petitioner filed an application seeking appointment of Advocate Commissioner, who in turn filed a report stating that pending the suit the petitioner/defendants encroached upon the property of the respondents by removing CD wall. 9. Though the petitioners/defendants claimed that the Advocate Commissioner did not execute the warrant in accordance with law, nothing is placed on record to substantiate their contention. Further in view of the subsequent events that happened during pendency of the suit, coupled with the report HTCDS, J CRP_5422_2015 5 filed by Advocate Commissioner, the respondents field the present application seeking to amend the prayer from the relief of permanent injunction to declaration of title and for delivery of vacant possession of the encroached area shown in the plaint plain. 10. It is not the dispute that the Advocate Commissioner filed a report stating that there are certain encroachments made by the petitioners/defendants during pendency of the suit. Further in order to put quietus to the litigation between the parties, the Trial Court allowed the application by permitting the plaintiff/respondents to amend the relief in the suit. 11. It is pertinent to note that the trial of the suit is not yet commenced and in view of subsequent events, the Trial Court rightly allowed the application under challenge. Further no prejudice would be caused to the petitioner/defendants, if the amendment is allowed inasmuch as it is always open to them to file additional written statement in the suit. Therefore, there is no illegality or infirmity in the order impugned and the same does not warrant interference by this Court. HTCDS, J CRP_5422_2015 6 12. For the reasons stated above, there are no merits in the revision petition and accordingly the Civil Revision Petition is dismissed. No order as to costs. 13. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 24.02.2025 DR HTCDS, J CRP_5422_2015 7 215 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP No.5422 of 2015 Date 24.02.2025 DR