HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 4255 OF 2009 ORAL ORDER: This Civil Revision Petition has been filed aggrieved by the order dated 8.7.2009 passed in I.A.No. 722 of 2008 in O.S.No. 268 of 2005 on the file of Senior Civil Judge, Gajuwaka. Petitioners herein are the plaintiffs in the suit O.S.No. 268 of 2005 and the first defendant- proposed party filed I.A.No. 722 of 2008 under Orders 1 Rule 10(2) and 6 Rule 17 r/w 151 CPC praying the Court to add the petitioner as defendant since he is the necessary and proper party. That application was allowed. Aggrieved by the same, petitioners-plaintiffs filed the present Civil Revision Petition. The learned counsel appearing for the petitioners submits that the court below ought to have seen that in a suit for bare injunction, there is no occasion to add any third party to interdict in the suit proceedings. Heard the learned counsel appearing for the petitioners and also perused the entire material made available on record. As seen from the record, plaintiffs filed the suit in the year 2005 and they were granted injunction under Order 39 Rule 1 and 2 of CPC on 12.12.2005 and the said injunction is subsisting even as on today. If the implead petitioner wanted to assert his right, he has to seek his remedy by filing appropriate proceedings. From the year 2005 onwards, injunction order is subsisting, and if petition is allowed it will be enlarging the scope of suit of bare injunction. Therefore, the injunction cannot be enlarged so as to implead the third party. In the circumstances, the impugned order is liable to be set aside. Accordingly, the Civil Revision Petition is allowed and the impugned order dated 8.7.2009 passed in I.A.No. 722 of 2008 in O.S.No. 268 of 2005 is set aside. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 26.11.2010 KA