T OBULA REDDY Vs. M SALAMMA

JUDGEMENT

(1.) This Civil Revision Petition is preferred against the order of the trial Court dismissing an application filed under Order-6, Rule-17 of the Civil Procedure Code to amend the plaint.

(2.) According to the affidavit filed in support of the said application, it was the stand taken in the written statement that the suit site is gramanatham poramboke and as such the plaintiffs are not entitled to any injunction that necessitated the filing of the application to amend the plaint.

(3.) It was stated in the counter that the petitioners who have filed the suit for mere injunction cannot be permitted to seek the relief for declaration as well. However, on reading of the plaint, it is seen that the plaintiffs have asserted that they are the absolute owners of the property and have been enjoying the property using the same as rastha. It may be so that they have not chosen to seek the relief for declaration of title; on the ground that in view of the threatened dispossession the suit for mere injunction would be sufficient as noted earlier, it is the stand that was taken in the written statement that the suit site is part of the gramanatham poramboke and that prompted the plaintiffs to come forward with the application to amend the suit for comprehensive relief.