IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5948 OF 2009 Between: Vodnala Nirmalama and another .....PETITIONERS AND Sardar Manjeet Singh and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5948 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 17.08.2009, in I.A.No.496 of 2009 in O.S.No.222 of 2005, on the file of the Senior Civil Judge, Karimnagar, whereunder and whereby, the interlocutory application, under Order VI Rule 17 C.P.C., filed by respondent Nos.1 and 2 herein/plaintiffs for amendment of the plaint, was allowed. 2. Heard both sides. 3. On 28.11.2005, respondent Nos.1 and 2 herein/plaintiffs filed Original Suit No.222 of 2005 before the Court below for perpetual injunction and filed I.A.No.1565 of 2005 therein for temporary injunction, and obtained ex parte temporary injunction on 01.12.2005 against the petitioners and respondent Nos.3 to 6 herein. After contest, on 02.08.2007, the said ex parte temporary injunction order was vacated. Thereafter, in the year 2009, the present application was filed by respondent Nos.1 and 2 herein/plaintiffs seeking amendment of the plaint contending that they were dispossessed from the suit schedule property on 26.02.2005 itself, even prior to filing of the suit. Though the suit is filed for perpetual injunction on 28.11.2005, it is now alleged that respondent Nos.1 and 2 herein/plaintiffs were dispossessed from the suit schedule property on 26.02.2005. If that is allowed, it changes the cause of action and structure of the suit. When the proposed amendment changes entire structure of the suit, such an amendment cannot be allowed. This aspect has not been considered by the trial Court. Hence, the impugned order is liable to be set aside. 4. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 17.08.2009, in I.A.No.496 of 2009 in O.S.No.222 of 2005, on the file of the Senior Civil Judge, Karimnagar. However, liberty is given to respondent Nos.1 and 2 to avail the remedies available to them under law. There shall be no order as to costs. _______________ K.C. BHANU, J August 20, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5948 OF 2009 August 20, 2010