THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5949 of 2009 ORDER: The deceased first respondent filed O.S.No.191 of 2006 in the Court of the Principal Senior Civil Judge, Kovvur, against the petitioners herein for the relief of declaration and perpetual injunction in respect of the suit schedule property. It is stated that on an earlier occasion, he filed O.S.No.786 of 2000 for the relief of injunction simplicitor and the same was dismissed. An appeal against the same is said to be pending. After death of the original plaintiff, respondent Nos.2 to 6 herein came on record and filed I.A.No.1700 of 2008 under order VI Rule 17 C.P.C. with a prayer to permit them to amend the plaint. They wanted to incorporate the relief of recovery of possession, obviously, by reconciling to the fact that the petitioners are in possession of the property. The application was opposed by the petitioners. The trial Court allowed the said I.A. through order dated 09.06.2009. Heard Sri Y.V. Ravi Prasad, learned counsel for the petitioners and Sri N. Subba Rao, learned counsel for the respondents. There is hardly any contradiction in terms of what is already prayed for in the suit and the proposed amendment. It is not uncommon that in a suit for injunction, if it ultimately emerges that the plaintiff is not in possession, it is permissible for him to amend the prayer for recovery of possession instead of filing of a fresh suit for that very purpose. The fact that the suit for injunction was dismissed on earlier occasion would in fact, add strength, to the steps taken by the respondents. No exception can be taken to the order under revision. Therefore, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 16th August, 2010 GHN