HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.5669 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 23.01.2009 in E.A.No.126 of 2009 in E.P.No.35 of 2008 in O.S.No.329 of 1996 on the file of the Senior Civil Judge, Mangalagiri. The petitioner herein is the judgment debtor No.1, who suffered a decree in a suit filed by the first respondent for declaration of title and recovery of possession. It is stated that, as against the suit, an appeal was preferred and the said appeal is said to have been dismissed for default. Thereafter, an application was filed for restoration along with an application to condone the delay. It is stated that the application filed to condone the delay was also dismissed. It is not in dispute that the judgment and decree in the suit has become final. The first respondent-decree holder filed E.P.No.35 of 2008 for execution of the decree, wherein the petitioner-judgment debtor No.1 remained ex parte and delivery warrant was ordered. Subsequent thereto, the present E.A. has been filed by the petitioner-judgment debtor No.1, under Order 6 Rule 17 and Section 151 CPC, seeking to amend the counter in E.P.No.35 of 2008. Filing of the present application itself is frivolous as the suit was already tried and decreed. Amendment of pleadings should be before passing of the decree and not after passing of the decree. Therefore, I do not find any bona fides on the part of the petitioner- judgment debtor No.1 in filing the present application. The Civil Revision Petition fails and is, accordingly, dismissed. Interim stay granted by this Court shall stand vacated. No order as to costs. V. ESWARAIAH,J Date:24.06.2011 usd