IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.6151 of 2009 Between: M.Dhananjaya Reddy ..... PETITIONER AND Pattem Janakamma and 2 others .....RESPONDENTS The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.6151 of 2009 ORDER: Heard both the counsel. The petitioner is the plaintiff who filed the suit O.S.53/2005 on the file of the Additional Senior Civil Judge, Tirupati against the respondent herein for specific performance of the agreement of sale dated 19.04.2004. It is the case of the plaintiff that the respondents have agreed to sell the suit schedule property for a sum of Rs.2,40,000/- and entered into the sale agreement by duly receiving Rs.40,000/- towards advance amount. It is stated that the evidence on both sides is already over and at the stage of arguments, the petitioner/plaintiff filed I.A.527/2009 under Or.VI Rule-17 CPC seeking permission to amend the plaint, claiming alternative relief of refund of advance amount in the event of the suit filed for specific performance of agreement of sale is dismissed. The said application was dismissed by the Court below. Aggrieved by the same, this civil revision petition is filed. The suit is of the year 2005, i.e. after the amendment and therefore, no amendment of pleadings can be allowed after the commencement of the trial. However, it is always open for the trial Court to grant alternative relief in a suit for specific performance of agreement of sale without there being any alternative claim, In that view of the matter, I am of the opinion that the dismissal of the said application will not have any effect to consider the claim of the petitioner/plaintiff to grant alternative relief at the time of final disposal fo the suit. Accordingly, the Civil Revision Petition is disposed of, directing the Court below to consider the plea of the plaintiff for grant of alternative relief also for the refund of advance amount at the time of final disposal of the suit. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 01.04.2010 Dsr