The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in O.S.No. 167 of 2016 on the file of Prl. Junior Civil Judge-cum-Judicial lvlagistrate of First Class, at Karimnagar pending disposai of the C.R.P. and pass Counsel for the Petitioner : SRl. NALLA MUKUNDA REDDY Counsel forthe Respondent: M RAM MOHAN REDDY The Court made the following: ORDER jfl::'- HON'BLE SRI JUSTTCE K. LAKSHMAN CML REVISION PETITION No.36O4 of 2024 ORDER: Heard learned counsel for the petitioner. Perused the record.

2. This Civil Revision Petition is hled under Article 227 of the Constitution of India, challenging the order, dated 1O.O9.2O24 in I.A.No.131 of 2022 in O.S.No 167 of 2Ot6 passed by the learned Principal Junior Civil Judge-cum- Judicial Magistrate of First Class at Karimnallar

3. Respondent has hled a suit vide O.S.No .167 of 2016 against the petitioner herein for perpetual injunction to restrain her and her supporters etc., from interfering with the possession of the respondent/plaintiff c,ver the suit schedule property. Petitioner had hled writte,n statement on 28.11.201,7. Suit was posted for cross exrmination of P.W.l. At that stage, the petitioner hled an application under Order VI Rule 17 read with 151 of C,p.C seeking amendment of the written statement contending that she KI,"] C.R.P.No.3604 of 2024 2 \::*a* has taken plea that her husband agreed to give loan immediately, made her to execute a registered mortgage deed bearing No.2109 of 1997, dated 04.04.1997 and gave her Rs.85,OO0/- to perform her daughter's marriage and got the release deed vide document No.596 I of 1997, dated la.10.1997 after repaying the loan amount. Thereafter, the husband of the plaintiff came to her husband with ma,lafide intention that there was a mistake in executing the redemption deed as such they have to approach Registrar. When she went with plaintiffs husband, he falsely got executed the sale deed document No.6OO5 of 1997, dated 21.10.1997 keeping her in dark by way of misrepresentation. She has also Iiled written statement stating that witnesses to the said fake and sham registered sale deed are mlnors. Therefore, registered sale deed bearing document No.60O5 of 1997 is liable to be cancelled.

4. The respondent liled counter opposing the said application contending that there is an inordinate delay I , I I I ,| t : i I I KL,J C. ?.P.No.3604 of 2O24 3 in filing the application. Petitioner herein failed to lay any foundation in filing the said application and the attestors of the said documents are none other than the children of petitioner. She has knowledge with regard to the same.

5. Vide impugned order, dated 1O.09.2024, learned trial Court dismissed the said application holding that the petitioner failed to expiain the reasons for the delay in Iiling any application and that the petitioner failed to lay foundation in filing the said application. Petitioner failed to mention satisfactory reasons for seeking arnendment of the written statement. By virtue of the said amendment, the very nature of the suit will be changed.

6. Challenging the said order, petitionr:r filed the present Civil Revision Petition contending that the impugned order is contrary to the Order VI Rule 17 of the C.P.C and learned trial Court failed to c:onsider the contentions raised by the petitioner and dismissed the petition. KI-,.1 C.R.P.No.3604 of 2024 4 L

7. Whereas, learned counsel appearing for the respondent would contend that on consideration of the aforesaid aspects, more particularly, counter filed by respondent, learned trial Court dismissed the said application. There is no error in it.

8. As discussed supra, respondent had filed the aforesaid suit against the petitioner seeking perpetual injunction. Respondent filed written statement on

28.11.2017. The trial Court has already frarned issues and commenced the trial. At that stage, petitioner has hled the aforesaid I.A., seeking amendment of the written statement.

9. In the entire affidavit, theie is no explanation with regard to the delay of seven (7! years in ltling the said application seeking amendrnent. Petitioner herein lailed to lay foundation seeking the amendment. Sire has not pleaded the aforesaid aspects mentioned in the present I.A. She is seeking amendment to correct the suit fiIed l ' :irl"'i ,i'' I I KL,J (.1?.P.No.3604 of 2024 5 seeking perpetual injunction to declaratioe. 'l'hus, the nature of the suit will be changed.

10. There is no dispute with regard to the legal position that amendment can be sought at any tim,:, during the pendency of the said suit. At the same timr,, thc person, who is seeking amendment, has to lay forrndation and mention satisfactory reasons. In the pres( nt case, the petitioner failed to mention re asons, much less satisfactory reasons in filing the application after lapse of seven (7) years. She has failed to lay the foundation seeking amendment. As rightly held by the learrned trial Court, if the said amendment is allowed, there ivould be change of nature of the suit itself.

11. On consideration of the said aspects ,.lnly, learned trial Court dismissed the said application. There is no error, much less the Jurisdictional error in the impugned order. It is a reasoned order and well f,runded. The petitioner herein failed to make out any case to interfere KL,J C.R.P.No.36O4 of 2O24 6 o with the sarne and therefore, it is liabie to dismissed ald accordingly it is dismissed. No costs. As a sequel, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. sdt P. cH. AGABHUSHAMBA UTY REGISTRAR //TRUE COPY// S CTION OFFICER To, GSA

1.The Prl. Junior Civil Judge-cum -Judicial l/agistrate of First Class at Karimnagar. 2.One CC to SRl. NALLA MUKUNDA REDDY Advocate [OPUC] 3.One CC to SRl. M RAM MOHAN REDDY Advocate [OPUC] 4.Two CD Copies Y* I I l I 1 ' i ; i I i ; I I I I HIGH COURT DATED: 2110312025 ORDER CRP.No.3604 of 2024 ,l:',. t ':,.- \ 2 g l,us n6 .'.: \ * DISMISSING OF THE CRP WITHOUT COSTS (l- 2 1-\