HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.No.4726 OF 2009 Dt.26.3.2010 Between: Tallapaka Damodaram .. Petitioner And Chevireddi Chenga Reddy and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.No.4726 OF 2009 ORDER: Petitioner herein is the 1st defendant in the suit O.S.No.292 of 2007 on the file of the Additional Senior Civil Judge, Tirupati. Respondents 1 and 2 herein are plaintiffs. Initially, the suit was filed for the grant of permanent injunction restraining the respondents therein from interfering with the peaceful possession and enjoyment of the plaint schedule property. Pending disposal of the suit, the plaintiffs earlier filed I.A.No.555 of 2007 seeking to grant a temporary injunction. The said I.A. was dismissed by order dated 2.5.2008 holding that the plaintiffs are not able to establish their prima facie title and possession in spite of producing number of registered sale deeds as they have failed to produce any documents showing their possession and enjoyment of the suit schedule property and accordingly it was held that they are not entitled for grant of temporary injunction as they have failed to produce their possession as on the date of filing of the suit. While dismissing the said application, it was also observed that they are entitled to proceed with the trial and produce their oral and documentary evidence so as to enable the court to come to the conclusion about the exact extent available land and possession of the parties thereto. The said order has become final. Thereafter, the plaintiffs filed an application in I.A.No.682 of 2008 seeking permission to amend the pleadings in the plaint under Order VI, Rule 17 C.P.C., on the ground that they have title and possession over the said property and therefore they are entitled to convert the main suit from injunction suit to that of title suit. It is stated that possession is said to have been with them and no relief of recovery is sought. Learned counsel for the petitioner submits that the trial court earlier rightly disbelieved the version of the plaintiffs and rejected to grant any temporary injunction and without claiming recovery, the simple suit for declaration of title is not maintainable. Having regard to the facts and circumstances of the case, I am of the opinion that it is for the plaintiffs to establish their right, title and possession and admittedly the trial has not been commenced and at the earliest point of time they have filed the application seeking amendment. Therefore, it cannot be said that the plaintiffs are not entitled for amendment of the pleadings. The defendants will have the full opportunity and defence in disputing the averments made in the amended plaint and it cannot be said that prejudice is caused to the 1st defendant/petitioner herein in allowing the application. The petitioner will have full opportunity to file additional written statement taking all the defences. The civil revision petition is accordingly dismissed. No costs. _______________ V.ESWARAIAH, J. 26.3.2010 kpr