THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.1250 of 2011 ORDER: The petitioner filed O.S.No.83 of 2008 in the Court of the Senior Civil Judge, Addanki against his brother-first respondent and nephews – respondent Nos.2 and 3 for partition and separate possession of the suit schedule properties. He pleaded that a partition has taken place about 20 years back among himself, first respondent and their father and that on account of the death of their father, the properties left by him are required to be partitioned. The first respondent filed a written statement opposing the suit, which is said to be at the stage of arguments. The petitioner filed I.A.No.481 of 2010 with a prayer to permit him to add an item of property. The application was opposed by the respondents stating that specific mention of the said property was made in their written statement and that it has been bequeathed upon them by late Hanumaiah. The trial Court dismissed the I.A through order dated 19.10.2010. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The suit was initially presented in the year 2003 and it was recently re-numbered as O.S.No.83 of 2008. Substantial progress has taken place in that suit and at that stage the petitioner came forward with an application to permit him to add an item of property. The view taken by the trial Court that the petitioner ought to have included all items while filing the suit and that it is not permissible to add the items at a later stage is not correct. In a suit for partition, the list of properties cannot be treated as final. Even at the stage of final decree proceedings, certain items can be added or deleted depending upon the claims made by the respective parties. All the same, the petitioner ought to have been careful in adding the items, particularly, when the respondents pleaded that the said property has been bequeathed to them. Therefore, this Court is of the view that the application of the petitioner can be allowed by imposing terms. Hence, the Civil Revision Petition is allowed and the order of the trial Court is set aside on condition that the petitioner pays a sum of Rs.2,000/- to the learned counsel for the respondents in this Court, within a period of three weeks from today. On such payment, the I.A shall stand allowed. ___________________________ L. NARASIMHA REDDY, J Date: 01.11.2011 va