IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH:: HYDERABAD TUESDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.1704 OF 2011 Between: Sarawari Begum and another …Petitioners A n d Malik Mohammad Taher and three others ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.1704 OF 2011 ORDER: This civil revision petition is directed against the order dated 15-03-2011 in I.A.No.219 of 2011 in O.S.No.7 of 2010, on the file of the IX-Additional District and Sessions Judge, Kamareddy, wherein the said application filed by respondents 1 & 2 herein under Order XIV Rule 5 CPC, for recasting of issues, was allowed. 2. Heard both sides. Perused the record. 3. As seen from the impugned order, the petitioners herein, who are the plaintiffs, have not raised any objection for recasting of the issues and so the application filed by defendants 1 & 4 was allowed. The learned counsel for the petitioners would submit that the petitioners did not give any consent for recast of the issues and wanted to file a counter, but the same was not accepted by the Court below. In the grounds of revision also, it is stated that the second plaintiff wanted to file a counter, but the same was not accepted by the Court below and the application was ordered. 4. In the circumstances, it is considered that an opportunity be given to the petitioners to file a counter opposing the application and the trial Court shall dispose of the same afresh on merits. The impugned order is accordingly set aside and the matter is remitted to the trial Court for fresh disposal in accordance with law after giving opportunity of filing counter to the petitioners herein, the plaintiffs, and after hearing both sides. 5. In the result, the civil revision petition is disposed of. There shall be no order as to costs. ______________________ G.V.SEETHAPATHY, J 01st November, 2011 Lrkm.