T.SESHU Vs. P.BHARATHI DEVI @ ANDHRA BHARATHI

JUDGEMENT

(1.) This civil revision petition arises out of order dated 15-09-2017 in I.A.No. 403 of 2017 in O.S.No. 124 of 2010 on the file of the Court of III Additional Junior Civil Judge, Visakhapatnam (for short, 'the Court below').

(2.) I have heard Sri K.V.Simhadri, learned counsel for the petitioners, and perused the record.

(3.) The petitioners filed the aforementioned suit for permanent injunction restraining the respondent from interfering with the suit schedule property. After the trial was completed and the suit was posted for arguments, the petitioners filed the aforementioned I.A. for amendment of the plaint in order to claim mandatory injunction for eviction of the respondent. At the hearing, learned counsel for the petitioners has submitted that though the respondent trespassed into a part of the suit schedule property in the year 2010, as proceedings arising out of appointment of advocate commissioner were pending before this Court and in view of stay of further proceedings in the suit, his clients could not file the application for amendment earlier.