IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION NO :4255 OF 2010 DATED:22.9.2010 Between: 1. Kausar Begum and others. .....PETITIONERS AND Kishan Dev Sharma. .....RESPONDENT This Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION NO :4255 OF 2010 ORDER: This revision is directed against the order dated 30.4.2010 passed by the I Additional Chief Judge, City Civil Court, Secunderabad, in I.A.No.2804 of 2009 in O.S.No.137 of 2006. The petitioners herein are the plaintiffs and the respondent is the defendant before the Court below. The plaintiffs filed the above application under Order 6 Rule 17 CPC seeking amendment of the plaint, on the ground that the husband of the 1st plaintiff was the owner of the suit schedule property and his father executed a will deed dated 24.9.1982 in his favour and in O.S.No.1217 of 1996 filed by Mohd. Yahya and Mohd. Jameel against one Krishna Reddy, they filed a Will dated 2.4.1983, wherein there is a mention about the Will deed dated 24.9.1982. The Court below having observed that the petitioners-plaintiffs are claiming ownership over plot No.9, which was given to the 1st plaintiff’s husband by his father, whereas the respondent-defendant is claiming the property under an agreement of sale for the same plot and that the recitals in the subsequent Will, will not have much relevancy for the plaintiffs’ case and as they relied upon the will dated 24.9.1982, the said document has to be proved by adducing cogent evidence, dismissed the application. Aggrieved by the same, the present civil revision petition has been filed. Heard the learned Counsel and perused the material available on record. It is the case of the plaintiffs that the husband of the 1st plaintiff Mohd. Ismail was the owner of the suit schedule property by virtue of a will dated 24.9.1982 executed by his father whereas the respondent- defendant is claiming the property through Mohd. Ismail under an agreement of sale. The main suit is filed for the relief of declaration that the plaintiffs are the owners of plot No.9 in Sy.Nos.27/1, 28/1 & 29/1 admeasuring 564 sq. yards situated at Marredpally, Secunderabad and also for recovery of possession of the suit schedule property. The trial of the suit has already been commenced. At this stage, the application of the plaintiffs seeking to amend the plaint on the ground that in the subsequent will dated 2-4-1983, there is a mention about the Will dated 24.9.1982. When the plaintiffs placed reliance on the will dated 24.9.1982 in support of their claim, they may prove the said document by adducing cogent evidence. In this view of the matter, I feel that the order of the Court below does not suffer from any irregularity or illegality warranting interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _____________________________ Smt. Justice T.Meena Kumari Date:22.9.2010 Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION NO :4255 of 2010 22nd SEPTEMBER, 2010