IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.3697 of 2008 BETWEEN: Puppala Venkataramana Rao and others. ... PETITIONERS AND Killamsetty Panduranga Rao and two others. ...RESPONDENTS Counsel for the Petitioners : MR. T. RAJASEKHAR RAO Counsel for the Respondents: MR. K. PURUSHOTHAM The Court made the following: ORDER: The plaintiffs in a suit for specific performance are seeking additional relief of partition as permissible under Section 22 of the Specific Relief Act, 1963. The application in I.A.No.515 of 2007 in O.S.No.132 of 2006 to amend the plaint was allowed by the trial Court and questioning the same the present revision is filed by the defendants. 2. Heard both sides. 3. Learned counsel for the petitioners states that the plaint averment itself show that no such relief is permissible and on that ground the amendment ought not to have been allowed. 4. The aforesaid contention cannot be accepted in view of the fact that entitlement to the additional relief of partition is not the subject matter of the application for amendment or the present revision petition. That aspect, however, is a matter which the trial Court would consider at the time of final disposal of the suit and the defendants shall be free to agitate their contentions in that regard. Similar application for amendment in a connected matter was also ordered by the trial Court and the same was confirmed by this Court in CRP.No.3715 of 2007 dated 20.10.2008. This civil revision petition is squarely covered by the aforesaid order and accordingly, the civil revision petition is dismissed. However, in view of the additional relief now permitted by amendment, the defendants shall have an opportunity to file pleadings to the extent of amendment and shall be free to lead such evidence as they deem fit and contest the claim of the plaintiffs on all available grounds as per law. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 3, 2010 DSK