THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION Nos.1877 and 1883 of 2010 DT.5.8.2011 Between: Moparthi Appa Rao s/o Rajaiah & Ors … Petitioners And Mopoarthi Satyanarayana s/o Rajaiah & Ors … Respondents Counsel for the Petitioner: Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION Nos.1877 and 1883 of 2010 COMMON O R D E R: The petitioners herein are the plaintiffs, who filed the suit O.S.No.72 of 2007, on the file of IV Additional Senior Civil Judge, Guntur for partition of the suit schedule properties. In the said suit, the respondents filed their written statements on 5-6-2007 itself stating that in addition to the suit schedule properties, the 1st plaintiff had taken his father’s properties and the 1st defendant had taken his mother’s properties after their demise. Though the respondents stated the said facts in their written statements on 5-6-2007 irself, no steps have been taken by the petitioners for amendment of the pleadings to bring some more properties for partition. It is only after the trial commenced and the evidence on both sides closed and when the matter was posted for arguments, the petitioners came up with an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint for inclusion of items 6 to 10. When it was the specific case of the defendants that there was no dispute with regard to the earlier oral partition and understanding in the written statements and no steps have been taken immediately after filing the written statements, there cannot be any justification on the part of the plaintiffs in seeking amendment of the plaint after the evidence is closed and the suit was posted for arguments. I do not see any reason to interfere with the impugned orders dismissing the applications filed, one for reopening the suit by permitting the petitioners to adduce further evidence and another for amendment of the suit schedule by adding items 6 to 10. The revisions are accordingly dismissed. No costs. ______________ V. ESWARAIAH,J DATE: 5.8.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION Nos.1877 and 1883 of 2010 DATE: 5.8.2011