HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5643 OF 2009 DATE:05-12-2009 BETWEEN: Darsi Lakshminarayana …Petitioner AND Bathula China Munneyya & Others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5643 OF 2009 ORDER: Defendant No.2 filed this revision under Article 227 of Constitution of India assailing the correctness of the order passed by the Senior Civil Judge, Peddapuram, dated 27.7.2009 allowing I.A.No.95 of 2009 in O.S.No.26 of 2000 filed by the respondent No.1-plaintiff seeking amendment of plaint. The plaintiff-respondent No.1 herein instituted the above suit for specific performance of agreement of sale in respect of suit schedule property i.e. Ac.4.47 cents out of Ac.7.47 cents in Sy.No.148. During the pendency of the suit, part of the suit schedule land to an extent of Ac.3.47 cents was acquired by the Government and therefore, the plaintiff filed the impugned I.A. seeking amendment of the plaint confining his claim to the remaining available land admeasuring Ac.1.00. In a suit for specific performance, if a part of the property which is subject-matter of the agreement of sale is acquired, as per Section 12(3)(b)(ii) of the Specific Relief Act, 1963, the plaintiff can always restrict his claim by relinquishing the claim to the extent of the acquired land against which specific performance cannot be enforced, In view of the same, the discretion exercised by the lower Court permitting the plaintiff to amend the plaint does not suffer from any illegality warranting interference by this Court. The revision lacks merit and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. DECEMBER 05, 2009 Tsr.