THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1976 OF 2011 Dated:10.06.2011 Between: M.Sudhakar .. Petitioner And R.Subaiah Chetty (died) .. Respondent and others THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1976 OF 2011 ORDER: The petitioner is the plaintiff. He filed O.S.No.54 of 1999 on the file of the Court of the Junior Civil Judge, Palamaner, for declaration of title and permanent injunction. The suit is in respect of a vacant site admeasuring 173 1/3 sq. yards. The plaintiff allegedly purchased the property under a registered sale deed dated 11.10.1989 executed by one I.Subramanyam Naidu. In the plaint, the petitioner also gave the details and mentioned the boundaries with distances in the schedule. Whatever be the reason, the trial was delayed in the matter and the suit is now coming up for trial. At that stage, the plaintiff chose to file I.A.No.306 of 2010 under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) for amending the suit schedule and substituting the boundaries as per the sale deed, which was marked in the evidence as Ex.A1. The same was dismissed by the trial Court observing that when Ex.A1 discloses the entire boundaries, there is no necessity to amend the plaint for inclusion of boundaries as per the sale deed. In this Civil Revision Petition, counsel for the petitioner submits that though the details of boundaries were mentioned in the sale deed, as accepted by the trial Court, if proper boundaries are not given in the plaint, it is likely to prejudice the case of the petitioner if ultimately the decree is passed. This Court, however, is not able to accept the said submission. The suit is of the year 1999. A perusal of the plaint would show that in the schedule, the boundaries were given. Therefore, no prejudice would be caused to the petitioner even the amendment is disallowed. It is to be observed that when there is discrepancy in the boundaries of the immovable properties mentioned in the plaint and in the relevant title deed, the boundaries in the title deed would prevail. Therefore, this Court is not inclined to interfere in this Civil Revision Petition. As the suit is pending for the last 11 years, the Court below is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. _______________ (V.V.S. RAO, J) 10.06.2011 KH