THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1530 of 2007 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, inter alia, assailing the order dated 02.03.2007 passed by Principal Senior Civil Judge, Tenali in allowing I.A.No.285 of 2006 in A.S.No.69 of 2001 filed by the respondents herein under Order VI Rules 17 and 128 of Civil Rules of Practice and Section 151 C.P.C to permit them to add the ground mentioned in the petition as additional ground No.5(a) in the main appeal Having heard Sri K.Satyanand Rao, learned counsel representing Sri Nimmagadda Satyanarayana, learned counsel for the petitioner, on perusing the entire material available on record, and since the appeal, arising out of the suit filed for permanent injunction, is pending before the lower appellate Court, I am of the opinion that there is no need to go into the merits of the case. However, suffice it to notice that since the very appeal itself is first of its kind, namely, first appeal, it is always open for the appellants or parties to raise all such grounds be it raised in written or other aspect by taking leave of the Court at the time of disposal of the appeal. The application of this nature where the appellants wants to raise additional ground should have been taken up at the time of final disposal rather than taking it independently and allowing the same. In view of the same, and since it is well settled that any Interlocutory Application having substantial effect on the merits of the case has to be taken up only along with the main appeal but not independently, I am of the opinion that the impugned order is liable to be set aside. Accordingly, the Civil Revision Petition is allowed, the order dated 02.03.2007 passed in I.A.No.285 of 2006 in A.S.No.69 of 2001 is set aside, and the matter is remanded to the Court below for fresh disposal along with the main appeal, in accordance with law, after giving opportunity to both sides. There shall be no order as to costs. B.PRAKASH RAO, J Date: 24.06.2010 va