THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.452 of 2009 ORDER: The petitioners herein are defendants in the suit filed by the respondents herein seeking injunction. In the said suit, the petitioners herein filed I.A.No.1039 of 2008 to add deity of Sri Ganga Bramaramba Malleswara Swamy Temple as the 5th defendant in the suit alleging that the Temple sold the property in favour of the plaintiffs, though the property belongs to the defendants. The court below vide its order, dated 03-12- 2008, dismissed the said application. Aggrieved thereby, the present Civil Revision Petition is filed. I am of the opinion that such a plea cannot be taken in a suit filed for injunction. The plaintiffs filed the suit for injunction and it is for the plaintiffs to prove and establish as to whether they are in possession as on the date of filing of the suit or not. When the plaintiffs are claiming title to the Temple, the question as to whether the Temple had title or not cannot be decided in a suit filed for simplicitor injunction. Therefore, I am of the opinion that the court below had rightly dismissed the said application and this Court does not find any infirmity legal or otherwise in the impugned order so as to call for interference by this Court. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. __________ 15-07-2011 Prv