THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION Nos.2920 of 2010 & 1465 of 2011 COMMON ORDER:
These two revisions arise out of two different suits between the same parties. The petitioner filed O.S.Nos.4226 of 2006 and 3120 of 2007 in the Court of the VI Junior Civil Judge, City Civil Court, Hyderabad against the respondents for the relief of perpetual injunction. Stating that during the pendency of the suits, a portion of the premises was demolished, the petitioner filed I.A.Nos.232 of 2010 and 325 of 2009 under Order 6 Rule 17 C.P.C. with a prayer to permit her to amend the plaints to incorporate the prayer pertaining to the demolished portion. The trial Court dismissed the I.As., through separate orders, dated 22.06.2010 and 20.11.2009, respectively.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation.
It may be true that the suits were filed for the relief of perpetual injunction. However, during the pendency of the suits, any steps have been taken warranting the modification of the prayer in the suits, the applications cannot be rejected. The question as to whether the petitioner is entitled for such a relief needs to be considered at the time of hearing the suits.
Hence, the civil revision petitions are allowed and the orders under revisions are set aside. Consequently, I.A.Nos.232 of 2010 and 325 of 2009 are allowed. The defendants are granted four weeks time from today to file written statements. There shall be no order as to costs.
The miscellaneous petitions filed in these revisions shall also stand disposed of.
L.NARASIMHA REDDY,J Dt:21.11.2014 kdl