Remanded

Madishetti Shiva Shankar v. Samala Sadanandam

Telangana HC20 Sept 2024CRP/2934/2024

Case brief

AI extract

What is this about?

Civil Revision filed under Article 227 of the Constitution and Section 151 of CPC challenging the Trial Court's order allowing an amendment. The High Court ordered the Trial Court to clarify which property the amendment applied to due to inconsistency in the plaintiffs filing.

What did the court decide?

Trial Court directed to clarify the amendment application and identify the specific property within 6 weeks.

Madishetti Shiva Shankar Vs Samala Sadanandam — Property and Title | Telangana HC (2024)

¶1

IN HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE SMT JUSTICE MOUSHUMI BHATTACHARYA

¶5

CIVIL REVISION PETITION NO: 2934 OF 2024

¶6

Petition filed under Arlicle 227 of the Conslitution of lndia, aggrieved by the order and decree dated 13-08-2024 passed in 1A.No.1212 of 2024 in O.S.No.250 of 2022, on the file of Principal District Judge at Hanumakonda.

¶7

Between:

¶8

ti/adishetti Shiva Shankar, s/o. Komuraiah, Aged about 74 years, r/o, H.No.23-3-65, New Shayampet, Hunter Road, Hanumakonda.

¶9

Lekkala Mahender Reddy, s/o. Yadava Reddy, Aged about 56 years, occ: Business,R/o. Kodishala Kunta Village,Mulugu Mandal,Warangal District

¶10

Gopu Sadanandam, s/o. Late Veeraiah, Aged about 60 years,R/o.H.No. 23-1-3711 , New Shayampet, Hunter Road, Hanumakonda.

¶11

...PETITIONERS/RESPONDENTS/DEFENDANTS

¶12

AND

¶13

Samala Sadanandam, S/o. Chennaiah, Aged about 68 years, R/o.H.No.23-5-17, New Shayampet, Hunter Road, Hanumakonda

¶14

...RESPONDENT/PETITIONER/PLAINTIFF

¶15

lA NO: 1 OF 2024

¶16

Petition filed under Section 151 of C.P.C,, praying that tn the circumstances stated in the affidavit filed in support of the petition, the in High Court may be pleased to grant stay of all further proceedings O.S.No. 250 o'f 2022 of the file of the Principal District Judge, Hanumakonda.

¶17

Counsel for the Petitioners :SRl. NADIPALLY ANANDA RAO

¶18

Counsel for the Respondent : NONE APPEARED

¶19

The Court made the following : ORDER

¶20

t t

¶21

I I

¶22

THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

¶23

CIVIL REVISION PETITION No.2934 of 2024

¶24

ORDER:

¶25

The only grievance of the petitioners is that the Trial^Court allowed the amendment petition filed by the plaintiff in^respectof removing thc building^('onstrucled by thc^{petitioners(defendants in} thc Trial Court) over 1 of lhe 2^{properties described in the suit} schedule property in the plaint filed by the respondent.

¶26

Le arned counse I appearing for the^petitioners submits^{that the} suit schedule property consists of 2^{propertiesbearing} distinct^plot numbcrs where as the amendment sought for in^{paragraphNo.15of} the plaint is lor "removing the building constructed^over the^suit property". Counsel submits that the Trial Court failed to consider the objection taken by the peti tio^{ne rs} / defendants to the amendment Application.

¶27

Considering the obvious inconsistency in paragraph No. 1 of the affidavit hled by the plaintiff for amendment of the plaint and the amendment sought to be made in^paragraph No.15 of the^plaint relating only to 1 property, this Court considers it ltt to direct the Trial Court to clarifv the amendment u,hich rvas allowed in respect of the suit schedulc propertics and identily the property which the plaintiff sough t amcndmcnt oI

MB,.) CR-D.No.2934 of 2024

¶32

The Trial Court shall clarify this issue on an application madc by the petitioners herein and upon notice to the plaintiff within 6 weeks from 27.O9.2024.

¶33

C.R.P.No.2934 of 2024 is accordingly disposed of in terms of the abovc. There shall be no order as to costs.

¶34

Miscellaneous Applications, if any, pending in this Civil Revision Petition shall stand closed.

¶35

Sd/- K. AMMAJI ASSISTANT^REGI t6

//TRUE COPY//

SECTION OFFICER

To,

The Court^{of Principal district Judge at Hanumakonda'}

¶40

OneCC to^{SRINADIPALLY ANANDARAOAdvocate[OPUC]}

¶41

Two CD CoPies

¶42

Pcsd/sh $

! t

)

HIGH COURT

DATED:2010912024

ORDER

GRP.No.2934 of 2024

-r i(;
o
/.t (1(l
'<br>,J 2 5 Nt.'J 7[7[ I
oE Tc 1--i

¶51

DISPOSING OF THE CIVIL REVISION PETITON OoT'^I

¶52

tr6!-

Madishetti Shiva Shankar v. Samala Sadanandam

Case brief

What is this about?

What did the court decide?

Madishetti Shiva Shankar v. Samala Sadanandam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr. Kodam Rama Krishna Vs Singamsetti Komuraiah (died)

Kasidi Vijaya, Vs Katam Ravinder Reddy

Polam Jaganmohan Reddy (died) Vs Lingampalli Kishan Rao

Smt. Zareena Begum Vs K.Kamala

Belide Srinivas Vs M.Kishan Kumar Goud

Sree Ram Venkateswarlu Vs Challuri Sudarshan