HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.1465 OF 2009 ORDER: Respondent filed O.S. No.2150 of 2008 in the Court of the Additional Junior Civil Judge, Kukatpally, Miyapur against the petitioner for the relief of injunction in respect of the suit schedule property. Apart from filing written statement opposing the suit claim, petitioner filed a counter claim in respect the neighbouring property. Respondent filed I.A. No.1 of 2009 under Rule 6-C of Order - VIII CPC with a prayer to exclude the counter claim filed by the petitioner. The application was opposed by the petitioner. The trial Court allowed the I.A. through its order dated 17-03-2009. Hence, this revision petition. 2. Smt. K. Lalitha, learned counsel for the petitioner submits that the view taken by the trial Court that a counter claim can be only in respect of the suit schedule property is opposed to law laid down by this Court and the Hon’ble Supreme Court. She contends that the necessity for the petitioner to raise the counter claim has arisen, on the basis of the fact that even while seeking the relief of injunction in respect of the suit schedule property, the respondent is trying to encroach the property of the petitioner in the immediate neighbourhgood. 3. Sri J. Kanakaiah, learned counsel for the respondent, on the other hand, submits that relevant provision of law viz., Rule - 6-C of Order – VIII CPC is clear in its purport and a counter claim can be only in relation to suit schedule property. 3. It would certainly sound reasonable and attractive that a counter claim in a suit can be only vis-à-vis the property, which is the subject matter of the suit. It may also appear to be reasonable to contend that in case, the defendant in a suit has any claim may be against the plaintiff but in relation to a different item of property, he has to file a separate suit. However, the object underlying the facility of presenting counter claims is to avoid multiplicity of litigation between the same parties. The question as to whether the counter claim must be confined to the suit schedule property alone, is no longer res integra. I n GURBACHAN SINGH v. BHAG SINGH[1], the Supreme Court explained in detail, the purport of the counter claim. It was held that a counter claim can be made in respect of properties or claims other than those mentioned in the suit also. That was followed by a Division Bench of this Court in S. PRAKASH RAO AND OTHERS v. S. SHYAM RAO[2]. It does not appear that these judgments were brought to the notice of the trial Court. 4. Hence, the Civil Revision Petition is allowed and the order under revision is set aside. The trial Court shall endeavour to dispose of the suit, as early as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J August 23, 2010. KTL [1] AIR 1996 SC 1087 [2] 2002 Suppl.(2) ALD 351 (DB)