HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.1866/2010 DT.18-6-2010 Geesala Padmavathi …Petitioner V. Vasamsetti Venkata Anantha Lakshmi ..Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.1866/2010 ORAL ORDER: The petitioner-plaintiff is in revision filed under Art.227 of the Constitution of India to revise the orders passed by II Additional Junior Civil Judge, Kakinada dt. 1-4-2010 in IA No.328/2010 in OS No.498/2009, whereby IA filed by the plaintiff under Order 8 Rule 6 ( c ) and Section 151 CPC for rejection of the counter claim made by the respondent/defendant has been dismissed. It is not in dispute, earlier petition filed by the petitioner/plaintiff in IA No.115/10 to reject the counter claim was dismissed by the trial court as it is barred by limitation. On dismissal of the said IA, the plaintiff filed CRP No.656/10 before this court. This court dismissed the said revision petition by its order dt. 26-2-2010. Thereafter, the present application is filed with the similar prayer, which was also dismissed by the impugned order. Aggrieved by the same, the present revision petition is filed. . The petitioner-plaintiff filed the suit before the trial court for permanent injunction restraining the defendant, their men, and agents from ever interfering with the plaintiff’ enjoyment of the joint lane shown as ‘ABCD’ in the plaint plan from causing obstructions therein in any manner. He also filed IA No.783/2009 seeking temporary injunction. The trial court dismissed the said application on merits. Thereafter, the respondent/defendant filed a counter claim in IA No.1262/2009 seeking mandatory injunction to remove the iron gate at ‘AB’ point erected by the plaintiff’s southern side of the ‘ABCD’ joint pathway and also to remove the PVC pipe at north-east corner over the shade of the plaintiff’s property and not to allow the plaintiff to discharge rain water in to ‘ABCD’ joint pathway and for permanent injunction restraining the plaintiff not to interfere in laying the underground drain to discharge sullage water into the public drain situated to the southern side of ‘ABCD’ joint pathway of the plaint plan. To the counter claim, the plaintiff filed rejoinder in the form of written statement. Whether the counter claim can be entertainable or not can only be gone into after full-fledged trial and the same cannot be rejected. Further, IA lNo.115/2010 filed by the petitioner/plaintiff to reject the counter claim made by the defendant was dismissed, and the same has been confirmed by this court in CRP No.656/2010. On dismissal of the revision, the petitioner/plaintiff again filed the present petition only to drag on the proceedings. No infirmity is discernible in the impugned order of the trial court warranting interference of this court. The Civil Revision Petition is accordingly dismissed. __________________ A. GOPAL REDDY, J Date:18-6-2010 kmr