THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.6213 of 2009 ORDER: The respondents filed O.S.No.714 of 2007 in the Court of III Senior Civil Judge, City Civil Court, Secunderabad against the petitioner, initially, for the relief of specific performance of an agreement of sale in respect of the suit schedule property comprising of cellar and ground floor of the premises. Thereafter, on an application filed by respondents, the plaint was amended, by incorporating the relief of recovery of possession of second floor of the building also, and the same was confirmed by this Court in revision. On a finding that the amendment of suit would result in ousting the jurisdiction of the trial Court and the necessity for it to be presented or transferred to a Court of the rank of District Judge, the respondents filed I.A.No.1640 of 2009 under Order II Rule 2 C.P.C., with a prayer to permit them to give up part of the relief in the suit. The application was opposed by the petitioner. The trial Court allowed the I.A. through order dated 21.10.2009. The same is challenged in this revision petition. Heard learned counsel for the petitioner and learned counsel for the respondents. The very application filed by the respondents is untenable. Order II Rule 2 C.P.C., does not permit the relief that is claimed in the I.A. In case, the respondents wanted to give up any part of relief, the only recourse open to them was to file an application under Order 23 Rule 1 C.P.C. Further the only reason mentioned in the I.A. is that the relief claimed in respect of ‘B’ schedule property constitutes a different cause of action. If that be so, there was absolutely no basis or justification for them to claim the relief, that too, by filing an application to amend the plaint. The application was not tenable either in law or in facts. The Civil Revision Petition is accordingly allowed and the order under revision is set aside. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. 16th August, 2010 Js.