THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4605 OF 2011 04.11.2011 Between: Thummalapalli Ranga Rao And another. …Petitioner AND Penupothu Surya Rao and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4605 OF 2011 ORDER: The petitioners are defendants. Aggrieved by the order dated 13.10.2011 in I.A.No.460 of 2011 in O.S.No.915 of 2007 passed by the Court of the I Additional Junior Civil Judge, Kakinada. They filed instant civil revision petition under Article 227 of the Constitution of India. The respondents/plaintiffs filed the suit for injunction. Along with the suit, they filed interlocutory application for ad interim injunction. It appears the same being I.A.No.2448 of 2007 was dismissed on 25.09.2007. The respondents then filed a miscellaneous appeal being C.M.A.No.17 of 2009 on the file of the Court of the I Additional Senior Civil Judge, Kakinada. The same was also dismissed on 31.05.2010. A year thereafter, they filed I.A.No.460 of 2011 under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) seeking amendment. They sought to convert the suit into one for declaration, recovery of possession and permanent injunction. The petitioners herein did not file counter affidavit. Therefore, the Court below allowed the same. Aggrieved by which, the present civil revision petition is filed. It is now well settled that it is always permissible to convert the suit for injunction into one for declaration of title and possession. The counsel for petitioners does not seriously dispute the legal position. He, however, submits that a copy of I.A.No.460 of 2011 was not served on the petitioners, and therefore, they could not file counter affidavit. This plea cannot be allowed to be taken in the civil revision petition under Article 227 of the Constitution of India. If so advised, it is always open to the petitioners to seek review of the Order in the lower Court which is impugned in the civil revision petition. The civil revision petition, with the above observations, is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 04.11.2011 Pln