Arrepu Venkataramana Murthy , Sreenivasarao, v. Polamarasetty Krishnarao,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION No.2993 OF 2017 DATED: 30.06.2017 Between:

Arrepu Venkataramana Murthy @ Sreenivasarao S/o late Satyanarayana.

... Petitioner And Polamarasetty Krishnarao S/o Late Ramarao.

... Respondent COUNSEL FOR THE PETITIONER: Sri C.Upendra THE COURT MADE THE FOLLOWING:

ORDER:

This Civil Revision Petition is filed against order dated 04.04.2016 in I.A.No.124 of 2016 in O.S.No.70 of 2015 on the file of the Additional Senior Civil Judge, Anakapalle. 2.

Heard Sri C.Upendra, learned counsel for the petitioner and perused the record.

3.

The respondent has filed the aforesaid suit for recovery of money against the petitioner. After the evidence of P.W.2 was closed, the petitioner filed the above referred I.A., seeking recall of the said witness for further cross-examination. The only ground urged by the petitioner in support of his application was that at the time of cross-examination of P.W.2, he has not briefed his counsel properly. The lower Court rejected the application based on the Judgment of this Court in Munni Begum @ Khatija Begum and another v. Kahder Ali and another1. As held in Munni Begum (supra), failure of the party to brief his counsel properly does not constitute sufficient ground for recalling a witness for further cross-examination.

Apart from the merits of the case, it is noticed from the perusal of the record that though the order was passed as far back as 04.04.2016, the petitioner applied for certified copies thereof on 09.06.2016 and fourteen months after passing of the order, he filed the present revision petition. This long time gap shows that the petitioner is not diligent in pursuing his cause. 3.

In the light of the above discussion, I do not find any merit in this revision petition and the same is accordingly dismissed. 1 1997 (5) ALT 237

As a sequel to dismissal of the revision petition, C.R.P.M.P.No.3960 of 2017 shall stand dismissed as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J JUNE 30, 2017 YVL

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION No.2993 OF 2017 Date:30.06.2017 YVL