THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION NO.3882 OF 2008 ORDER: 1 The defendants in O.S.No.1615 of 2002 on the file of the court of the II Additional Junior Civil Judge, Warangal filed this revision questioning the order dated 25.07.2008 made in I.A.No.748 of 2008 in the said suit whereby the court below allowed an application filed by the respondent/plaintiff under Order VI Rule 17 of CPC and ordered amendment of the plaint with regard to the relief of mandatory injunction. 2 Brief facts are that the respondent herein instituted the said suit for perpetual injunction. Along with the said suit he also filed an application seeking temporary injunction. However, the court below refused to grant temporary injunction. As there was no temporary injunction, the petitioners who are the defendants in the said suit proceeded with the construction of the building and the construction of the building was over. In view of the said subsequent development, i.e. completion of construction of the building, the respondent i.e. plaintiff filed an application under Order VI Rule 17 CPC for amendment of the plaint and as stated supra, the same was allowed. Hence this revision. 3 This matter is pending in this court for the last more than two years and from the docket it is clear that this court refused to grant any interim order. It is not known as to whether the said suit is still pending or disposed of. Further, even on merits, this court is of the view that the court below is justified in permitting the respondent/plaintiff to amend the plaint. When the suit was instituted, there was no construction and as such the suit was only for perpetual injunction. In view of the subsequent developments i.e. completion of construction of the building, the said application was filed for amendment of the plaint with regard to the relief as mandatory injunction instead of perpetual injunction. It is only because of the subsequent development and it cannot be said that the said amendment is impermissible. 4 Accordingly I see no merits in this revision and hence the same is dismissed. No order as to costs. --------------- 19.11.2010 Kvsn