THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1748 of 2010 DT.12.8.2011 Between: Vudumulla Yellamma … Petitioner And Pulipati Raja Rao and others … Respondents Counsel for the Petitioner: Sri K.S.Murthy Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1748 of 2010 O R D E R: The petitioner is the plaintiff, who filed the suit for declaration of title and for a consequential relief of permanent injunction in respect of the suit schedule property. Along with the suit O.S.No.497 of 2004, on the file of the III Additional Senior Civil Judge, Guntur, he has also filed I.A.No.1205 of 2004 seeking interim injunction and the same was dismissed, against which the revision filed was also dismissed by this Court. Thereafter, the petitioner filed I.A.No.1063 of 2008 seeking relief of specific performance of contract of sale dated 15-11-1974 as an alternative relief, which was also dismissed on merits on 13-10-2008, against which the revision filed in CRP.5666 of 2008 was also dismissed by this Court by order dated 29-6-2009. While dismissing C.R.P.No.5666 of 2008, this Court observed that the petitioner could as well seek appropriate amendment by filing a separate application independently. Having regard to the facts and circumstances, I am of the opinion that though this Court observed that the petitioner could as well seek appropriate amendment in a separate application for specific performance, any such amendment application filed shall be in accordance with law subject to law of limitation. In the circumstances, I am of the opinion that the application filed by the petitioner in I.A.No.715 of 2009 in O.S.No.497 of 2004, on the file of the IV Additional Senior Civil Judge, Guntur was rightly dismissed by the impugned order on the ground that the suit filed for specific performance of contract of sale dated 15-11-1074 as an alternative remedy was barred by limitation as the petitioner is not entitled to maintain an independent suit for specific performance pursuant to the agreement of sale dated 15-11-1974 inasmuch as the respondents have denied the said contract of sale as long back as in the year 2004 and the petition was filed after the lapse of 4 years. The revision is accordingly dismissed. No costs. ______________ V. ESWARAIAH,J DATE: 12.8.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1748 of 2010 DATE: 12.8.2011