THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 2665 of 2008 Date of order: 17.6.2010 Between: Vooti Pullamma …Petitioner and V. Govindaswamy Chetty and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 2665 of 2008 ORDER: The petitioner herein is the plaintiff in OS No. 691 of 2001 on the file of the Principal Junior Civil Judge, Srikalahasti which was filed for injunction simplicitor. In view of the subsequent events, the plaintiff has filed IA No. 734 of 2007 seeking to convert the said suit into one for declaration of title. Heard both sides. The learned counsel for the petitioner, apart from the merits, has submitted that the said amendment petition was coming up for counter of the respondents from 9.7.2007 and after filing of the counter it was posted for enquiry and as both sides were absent, the court below has posted the petition for orders on 12.7.2007. However, on 12.7.2007 straightaway orders were pronounced by the court below without hearing the said petition. The learned counsel for the petitioner has raised the said aspect specifically in the affidavit filed in support of CRP MP No. 3498 of 2008. The learned counsel for the respondents does not controvert the said averments and it is, therefore, clear that neither of the parties were heard before the impugned orders were passed. In the interest of justice, it is just and appropriate that the impugned order is set aside and the court below is directed to hear both sides and dispose of IA No. 734 of 2007 in OS No. 691 of 2001 on merits, in accordance with law, within four weeks from the date of receipt of a copy of this order. The revision petition is accordingly allowed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 17.6.2010 KR