T.AMARNATH GOUD, J. - (1.)This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the order dated 09.05.2018 passed in I.A.No.138 of 2015 in O.S.No.90 of 2008 by the Junior Civil Judge, Tandur, Ranga Reddy District.
(2.)The petitioner in I.A.No.138 of 2015 is the plaintiff in O.S.No.90 of 2008. The petitioner/plaintiff filed suit for perpetual injunction in respect of the suit schedule land and that during pendency of the suit, the respondent illegally constructed house in one corner of the suit land i.e. in 300 sq. yards and that the remaining land, the plaintiff is in possession and enjoyment of the plaintiff. Therefore, the plaintiff prayed to abandon the relief to the extent of 300 sq. yards and he may be permitted to recover the same by filing separate suit.
(3.)The respondent/defendant filed counter in the I.A stating that the said petition is neither maintainable in law nor on facts and the same is liable to be dismissed and that the respondent clearly stated in his written statement that he is possession of land to the extent of 0.50 gts of land in Survey No.3 for more than statutory period and that the petitioner filed I.A.No.598 of 2011 under Order VI Rule 17 C.P.C. and the same was dismissed in the year 2014 and that when the case is posted for plaintiff's evidence, to drag on the evidence, the petitioner filed I.A.