HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 412 OF 2006 Friday, the Twenty Fifth day of February, Two Thousand and Eleven Between Saripalli Appalanarasimham Petitioners AND Kodi Seshayya (died) per LRs Kodi Murali Krishna and another Respondents ORDER: The petitioner is the plaintiff who filed the suit OS No. 675 of 1991 on the file of the I Additional District Munsif, Visakhapatnam for mandatory injunction for execution of the sale deed in favour of the plaintiff in respect of the 2/3rd share of the suit schedule property. The said suit was dismissed on the ground that the suit for mandatory injunction is not maintainable and the plaintiff/petitioner ought to have taken steps for conversion of the suit into one of specific performance. Against the said judgment and decree dated 4.9.1997, the petitioner preferred an appeal A.S. No. 485 of 2000 on the file of the learned III Addl. Senior Civil Judge, Visakhapatnam. Pending appeal, the petitioner filed IA No. 4 of 2003 seeking amendment of the plaint under Order VI Rule 17 CPC, but the said application was dismissed as the proposed amendment will change the character of the very suit and if the said amendment is allowed, the amendment of prayer for specific performance of the contract is hopelessly barred by limitation and, therefore, the said amendment is at a belated stage, which cannot be allowed. Accordingly, the said I.A. was dismissed, being devoid of merits. Having gone through the order impugned, I do not see any infirmity legal or otherwise warranting interference. The lower appellate court by its well- considered order, has rightly confirmed the dismissal of the said application. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah February 25, 2011 MAS