HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AS.No.706 of 2008 Date:03.07.2014 Between:
B.Venkateswarlu, S/o B.Venkatappa And:
K.Veeramma, W/o K.Hussain and another.
Counsel for the appellant: Sri C.Srinivas ……Appellant ..…Respondents Counsel for respondent No.1: Sri K.Ramamohan Mahadeva For Sri K.G.Krishna Murthy Counsel for respondent No.2: Sri J.Ugranarasimha The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AS.No.706 of 2008 JUDGMENT:
This Appeal arises out of the judgment and decree, dated 26.03.2008 in O.S.No.259 of 2004 on the file of the learned Principal Senior Civil Judge, Tirupati.
At the hearing, learned counsel for both parties fairly conceded that clause-1 of the decree, whereby the lower Court has declared the plaintiff’s title to an extent of 10 x 60 feet shown in plaint B schedule property, runs contrary to the description of the property in schedule B of the plaint and also the plaint plan, which show that defendant No.1 is in possession of only 10 x 10 feet as against which the trial Court has passed decree for 10 x 60 feet.
This Court is, therefore, of the opinion that the judgment and decree of the lower Court are liable to be set aside only on this ground.
Accordingly, the appeal is allowed and the judgment and decree of the lower Court are set aside. Respondent No.1 is directed to file appropriate petition for amendment of the pleadings, the schedule and the plaint plan. The appellant is also entitled to file additional written statement, in the event the amendments are carried out by respondent No.1-plaintiff. Both the parties are also entitled to adduce further evidence, if any, and thereafter, the lower Court shall dispose of the suit afresh.
As a sequel to disposal of the appeal, ASMP.No.2105 of 2012 and 122 of 2014 are dismissed as infructuous.
03rd July, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY