✦ High Court of India · 02 Apr 2025

The High Court · 2025

Case Details High Court of India · 02 Apr 2025

Yasa Rambhadraiah (Died), Yasa Rambhadraiah ( Died)per LRs Yasa Bhadramqa, Wo Late Rambhadraiah Age. about 70 years, Occ. Agriculture R/o. Thanikella Village, Konijerla Manddl, Khammam Dstrict Yasa Venkateswarlu Chinna Venkaiah, S/o_ Late Rambhadraiah Aqe. about 1-? years, _Occ. Agriculture R/o. Thanikella Village, Konijerla- Mandal, Khammam District - Yasa Narayanamma, Wio. Pedamalla Srinivasa Rao Aqe. about 40 vears. O-cc. Agriculture Permanent R/o. Thankella Village," Konijerla Mindal, Khammam District now at Khammam Yasa Govinda Rao, S/o. Late Rambhadraiah Age. about 38 years, Occ. pvt. Etnplo.yq" Permanent R/o. Thanikelta Village, -Konijerta tr/aridat, khammam District (now at Hyderabad) Yasa _Ramadevl D/o. Late Rambhadraiah Age. about 35 years, Occ. Agriculture R/o. Thanikella Village, Konijerla Mand-al, Khammam Districi ...Respondents lA NO: 1 OF 2024 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in E.P.No. 29 of 2014 in O.S.No. 38 of 2007 on the file of the Court of the Principal District Judge at Khammam, pending disposal of the above Civil Revision Petition. Counsel for the Petitioner: Sri. N V Anantha Krishna Counsel for the Respondents: Sri. Madiraju Prabhakar Rao The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CML REVISION PETITION No. 2994 of 2024 ORDER: This Civil Revision Petition is filed aggrieved by the order dated 26.06.2024 passed in E.A.No.6 of 2023 in E.P.No.29 of 2Ol4 tn O.S.No.38 of 2OO7 by the Principal District Judge at Khammam.

2. Heard both sides. Perused the record

3. The Suit vide O.S.No.38 of 2OO7 is filed for Specific Performalce of Contract and the same was decreed on

26.08.2010. The Decree Holder/Plaintiff filed E.P.No.29 of 2OI4. E.A.No.6 of 2023 was filed by plaintiff to amend the Survey Number and extent of EP schedule property i.e., Survey number 381 instead of Sy.No.391/E/A and 391 /A/ A and the tota-l extent of land as AC. 1.31 guntas instead of Ac.O.23 guntas and Ac. 1.15 guntas which is mentioned in the EP scheduled property i.e., the total land of aC.1.31 guntas in Sy.No.3S1 of Tanikella Revenue Village, Konijerala Mandal, Khammam District. The trial Court dismissed the petition. Aggrieved by 2 the said order petitioner/ D.Hr/ plaintiff preferred the present revision petition

4. Learned counsel for petitioner stated that the errors or mistakes in not giving the correct survey numbers inadvertently and when the land is identifiable within the given boundaries resulting in mis-description of schedule, the Court has ample power to correct the mistakes in the judgment and decree at any point of time. The Court is having powers both under Sections 152 and 47 of CPCto correct the defect in description regarding immovable property and also relied upon the judgment passed in Pratibha Singh and another Vs. Sho,nti Deui Pro,so,d and anotherl, Nigamat Ali Molia 7s. Soinc;rgon Housing Cooperatiae Societg Ltd-, and others2, Peethani Suryanaragana and another Vs Repaka Venkqta Rc;mrrna Kishore and Others3 and also in Kuniu Kuniu ORDER CRP.No.2994 of 2024 CIVIL REVISION PETITION IS ALLOWED \9 caf(& Yr*^. 4t'\'--

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