HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 1305 of 2009 DATED 23RD SEPTEMBER, 2010. BETWEEN Thota Baby Sarojini Devi ….Petitioner and Bathula Rama Mohan Road (died) and ors …Respondents. HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 1305 of 2009 ORDER: The petitioner is the plaintiﬀ, who ﬁled the Civil Revision Petition invoking Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 22.01.2009 whereby the learned Junior Civil Judge, Sathupalli, dismissed I.A.No. 269 of 2008 in O.S.No. 40 of 1990 ﬁled under Order VI Rule 17 read with Section 151 CPC praying to amend the plaint by incorporating alternative relief. The said application was contested by the respondents/defendants. The Court below, after perusal of the record and considering the submissions advanced by both sides, did not ﬁnd favour for the petitioner/plaintiﬀ and dismissed the aforesaid application. Hence revision. It is an admitted fact that after full-ﬂedged trial, the suit was decreed in favour of the petitioner/plaintiﬀ and on appeal; the suit was dismissed and remanded back to the trial Court for fresh disposal with certain observations. The lower appellate Court while remanding the matter back to the trial Court, gave opportunity to the parties to the suit to amend the pleadings and to adduce further evidence, if any. It is to be seen that the impugned application is ﬁled seeking to amend the prayer without disturbing the pleadings. Irrespective of amendment of the pleadings, it is for the petitioner to perfect her title by way of adverse possession or otherwise. No doubt, merits or demerits of the amendment as well can be gone into at the time of ﬁnal disposal rather than deciding them at the interlocutory stage, where relief is only to the extent of seeking amendment. It is now established that in an application of this nature, merits of the same cannot be gone into and relief cannot be granted. In this circumstance, the Civil Revision Petition is allowed. Consequently, I.A.No. 269 of 2008 in O.S.No. 40 of 1990 shall stand allowed. The Civil Revision Petition is allowed. There shall be no order as to costs. ---------------------------------------- JUSTICE B. PRAKASH RAO 23RD SEPTEMBER, 2010. Msnr.