THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5232 OF 2009 Dated:31.12.2009 Between: Smt.Pinninti Venkata Ramanamma. …Petitioner and Majeti Satyanarayana. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5232 OF 2009 ORDER: The respondent filed the suit being O.S.No.445 of 2006 for permanent injunction. He also filed I.A.No.1852 of 2006 for ad interim injunction, in which trial Court granted status quo. The respondent also filed another I.A., for appointment of advocate commissioner to notice the physical features. The same was assailed by petitioner herein in C.R.P.No.3384 of 2009. This Court relying on the decisions of this Court in Arredla Ram Reddy v Arredla Alivelamma[1] and Penta Urmila v Karukola Kumaraswamy[2] set aside the order of the trial Court observing that in a suit for injunction, advocate commissioner cannot be appointed. Thereafter, plaintiff filed I.A.No.2211 of 2009 under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) seeking amendment. He sought to add paragraph 6(a) and also sought extra relief of mandatory injunction directing the defendants to remove illegal constructions. The same was allowed. Aggrieved by which, the petitioner/defendants filed present civil revision petition. This Court heard the learned counsel for petitioner and learned counsel for respondent. After perusing the material, this Court is convinced that the Court below has not committed any error apparent on the face of record. The plaintiff alleged that after obtaining injunction order, the defendant made illegal constructions. Therefore, unless and until, he specifically seeks a mandatory injunction, even if plaintiff succeeds in the suit and obtain permanent injunction, it would not be possible for him to remove illegal constructions. Therefore, the trial Court was justified in ordering amendment. The civil revision petition is misconceived and is accordingly dismissed. The trial Court is directed to dispose of the suit within a period of six months from the date of receipt of copy of this order. No costs. _______________ (V.V.S.RAO, J) 31.12.2009 pln [1] 2004 (5) ALD 388 [2] 2005 (2) ALD 130