THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3999 OF 2007 DT.17.06.2010 Between: J.P.Soloman ……….Petitioner Vs. Pokala Sudershan and two others. ……………Respondents. O R D E R: Heard Sri N.V.Ranga Rao, learned counsel appearing for the petitioner and Sri B.Narasimha Sharma, learned counsel for the respondents. The revision petitioner herein is the plaintiff, who is aggrieved against the order passed in I.A.No.408 of 2005 in O.S.No.15 of 2005, dated 10.07.2007 on the file of Junior Civil Judge,Ramannapet, in rejecting the application filed by him under Order VI Rule 17, read with Section 151 of C.P.C., seeking to permit him to amend the relief portion of the plaint from temporary injunction to that of mandatory injunction. The case of the petitioner is that subsequent to the filing of the suit, respondents made several constructions in the suit land and changed the physical features of the same and basing on the possession, the said constructions have to be removed. Since the court below did not find favour with the petitioner and dismissed the application, which was filed for amendment of the prayer portion in the suit and thereby dismissed the application, the present revision petition is filed. Having heard the learned counsel and perusing the material placed before this court, it is seen that since the suit is one for injunction, necessarily, the case of the petitioner depends upon the original possession of the property. Since the said constructions are made by the respondents subsequent to the filing of the suit, without obtaining any permission from the authorities, I am of the opinion that there is no impediment in granting such a relief as sought for by the petitioner and the court below was not right in rejecting the application. In view of the above facts and circumstances of the case, the order under revision in I.A.No.408 of 2005 in O.S.No.15 of 2005 is set aside and the same stands allowed. It is needless to mention that the respondents are entitled to seek further pleadings by way of filing additional written statements. The revision petition is accordingly allowed. No costs. ________________ B.PRAKASH RAO J., Dt.17.06.2010 tjs