A.Rajamallaiah(Died) v. Arutla Venu And Another

THE HON'BLE SRI JUSTICE S.V.BHATT C.R.P.No.70 of 2018 ORDER:

Heard counsel for petitioners and Mr.Sampath Prabhakar Reddy for 2nd respondent.

The plaintiffs in O.S.No.15 of 2006 are the revision petitioners.

The revision petitioners prayed for recalling DW.3 for further cross examination. The learned trial Judge by referring to the averments filed in support of I.A.No.299 of 2017 and opportunity offered for cross examination of DW.3 declined the prayer in I.A.No.299 of 2017. Hence, the CRP.

Mr.K.V.Rajendra Prasad contends that the affidavit filed by petitioners is sufficient to show the circumstances under which the cross examination of DW.3 could not be completed. He further submits that the petitioners herein are prepared to proceed, on day to day basis and cooperate with the completion of suit within the reasonable time. The petitioners pray for recalling DW.3 for further cross examination. The trial court both on insisting for recalling DW.3 and also that the instant suit is an old one, declined the prayer for recalling DW.3.

The reasons given by the trial court firstly satisfy the requirement that the trial court considered the aspects relevant in this behalf.

After perusing the order under Revision, I am satisfied, interference of this Court under Article 227 of Constitution of India is not warranted. The Revision fails and dismissed accordingly. No order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Dt: 01.02.2018 dv