Hon’ble Smt. Justice T. Meena Kumari CIVIL REVISION PETITION No.3982 of 2010 ORDER: This Civil Revision Petition is directed against the order dated 17.2.2010 in I.A. No.91 of 2010 in O.S. No. 677 of 2009 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad, whereby and whereunder the learned Senior Civil Judge dismissed the aforesaid I.A. filed by the petitioners. The petitioners are the defendants and the respondents are the plaintiffs. The respondents-plaintiffs filed the suit against the petitioners herein seeking the relief of declaration and mandatory injunction. In that suit, the petitioners filed I.A. No. 91 of 2010 under Order 1 Rule 10 of C.P.C. to delete the name of the second petitioner from the suit. In the affidavit filed in support of the petition, the petitioners have stated that since the building in respect of which the suit is filed belonged to the first petitioner, who is the wife of the second petitioner, the second petitioner is not a necessary party and the respondents with a view to defeat him from representing the case, have made him as a party to the suit proceedings. The trial Court through the impugned order dismissed the said application. Hence, the present revision. Heard the learned counsel for the parties and perused the impugned order. In view of the fact that the property in question is standing in the name of the first petitioner, the first petitioner is the owner of the said property and since the second petitioner is the husband of the first petitioner, he is not a necessary party to the said proceedings. Hence, the trial Court ought to have allowed the said application filed by the petitioners and deleted the name of the second petitioner from the suit proceedings. In the circumstances, the revision is allowed and the impugned order is set aside. I.A. No. 91 of 2010 is also allowed and the name of the second petitioner is deleted from the suit proceedings. __________________ T. Meena Kumari,J Date: 3rd September, 2010 pnb