THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5296 of 2010 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India by defendant No.1 in O.S.No.104 of 2009 aggrieved by order, dated 02.11.2010 passed in I.A.No.398 of 2010. The said suit was filed by the first respondent for perpetual injunction alleging that there is interference in the suit schedule property by the petitioner/defendant No.1 and respondents 2 and 3. Having regard to the pleadings, the Court below has framed the following issues: 1. Whether the plaintiff has been in legal possession over the suit schedule property by the date of filing of the suit? 2. Whether the plaintiff is entitled to perpetual injunction as prayed for? 3. Whether the defendants are justified in interfering with the suit schedule property? 4. To what relief? The petitioner/defendant No.1 has filed I.A.No.398 of 2010 under Order XIV Rule 5 CPC to strike out issue No.3, which reads as under: Whether the defendants are justified in interfering with the suit schedule property? When the plaintiff pleads that she is in possession of the property and there is interference by the defendants, the first issue has been framed with regard to whether the plaintiff is in legal possession of the suit schedule property. Similarly, the third issue has been framed. The third issue is interlinked to the first issue and it is not an independent issue to be tried. Once it is established by the plaintiff that she is in legal possession of the suit schedule property, the issue further falls for consideration is whether there is interference by the defendants. In that view of the matter, it cannot be said that issue No.3 was wrongly framed having regard to the pleadings. If the plaintiff pleads that there is interference by the defendants, even with regard to this issue, it cannot be said that the burden only lies on the petitioner/defendant No.1. Subject to the above observations, the Civil Revision Petition is dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 30th JUNE, 2011. kvni