HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5406 of 2008 Date: 24-02-2011 Between: Papineni Mohana Rao ……. Petitioner and Bhpathi Venkata Rao and another ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5406 of 2008 ORDER: The petitioner, who is the plaintiff, filed this Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 18-11-2008 dismissing an application filed by him in I.A.No.1571 of 2008 under Order 6 Rule 17 of C.P.C. seeking permission to amend the plaint by way of creating a charge over the property. Admittedly the suit is one for recovery of money paid in pursuance of an agreement of sale. No suit for specific performance has been filed. The Court below, by taking into account that the properties are already sold and possession was also delivered to third parties and the property is not in the hands of the respondents, dismissed the application. Hence, the Revision Petition. Having heard the counsel and on perusal of the material on record, it is clear that as long as the property remains with the respondents, then only the petitioner can seek any such amendment but not otherwise. Admittedly in this case the property was held to be sold to third parties under the registered sale deeds, dated 24-08-2007 and 20-02-2008, and it does not remain in the hands of the respondents herein. Hence, I do not find any warrant to interfere with the impugned order. The Civil Revision Petition is, accordingly, dismissed. No order as to costs. _________________ B. PRAKASH RAO, J Date: 24-02-2011 YCR