HON’BLE SRI JUSTICE A.GOPAL REDDY CRP Nos. 464 and 545 of 2007 DT.9-4-2010 CRP No.464/2007: 1. Chittoori Pradeeth Swamy and another. …Petitioners V. 1. Chittoori Viswanatha Swamy and others ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRP Nos. 464 and 545 of 2007 COMMON ORDER: The plaintiffs in OS No.179/2003 on the file of II Additional Senior Civil Judge, Kakinada, who are minors, represented by their maternal uncle as guardian Kantheti Ranganayakulu, filed the present revision petitions questioning the orders of the II Additional Senior Civil Judge, Kakinada dt. 21- 12-2006 passed in IA No.766/2006 and 765/2006 respectively, whereunder IA No.766/2006 filed under Order 6 Rule 17 and Section 151 CPC to amend the plaint as stated in the petition and IA No.765/2006 filed under Sec.151 CPC to receive the rejoinder were dismissed respectively. The plaintiffs filed OS No.179/2003 against the defendants 1 and 2 and the Co-operative Sub-Registrar to declare the award passed by the Co-operative Registrar for recovery of Rs.9,65,007 is not binding on them and for consequently permanent injunction. Pending the above suit, the guardian of the plaintiffs was cross-examined as P.W.1 on 13-1-2006. Later he filed IANo.736/2006 to reopen the matter and to recall him to file will dt. 7- 8-1984; IA No.765/2006 to receive the rejoinder; and IA No.766/2006 to amend the plaint by adding two paras as 5(a) and 5 (b) stating that partition suit, OS No.37/2006, filed before IV Additional District Court, Kakinada, filed by the plaintiffs against their parents is pending disposal, and in the said suit, out of three defendants two defendants were set-ex parte; the second defendant in OS No.37/2006, who is first defendant in OS No.179/2003, contested the suit by filing written statement, wherein it was stated that “even prior to their birth said properties are all devolved with the absolute rights upon defendants 1 and 2 except one property situated at bearing D.No.27-4- 23, Temple Street, Kakinada.” Since the issue involved in the present suit is whether the award passed by the Co-operative Registrar can be enforced for recovery of the amount of Rs.9,65,007/-, it is always open for the petitioners/plaintiffs to establish their right that the award is not binding on them or their properties cannot be sold in execution of the award, if they have any right over the suit properties. Mere filing subsequent suit and the collusion of which is not ruled out, amendment bringing the fact of filing suit and rights thereto cannot be pleaded in the present suit. The impugned orders passed by the trial court dismissed the above IAs do not suffer from any illegality warranting interference by this court. Both the civil revision petitions are accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J Date:9-4-2010 kmr