High Court for State of TelanganaCRP/50/2015dismissed no costs

Sri V. Vidyasagar Reddy v. Sri P. Goverdhan Reddy

2015-01-30C.V.Nagarjuna Reddy2 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.50 of 2015 Dated 30th January, 2015 Between:

Sri V.Vidyasagar Reddy

...Petitioner

And Sri P.Goverdhan Reddy and another

...Respondents

Counsel for the petitioner: Sri K.Srinivas Counsel for the respondents: ---- The Court made the following:

ORDER:

This civil revision petition arises out of order, dated 26.09.2014, in I.A.No.925 of 2014 in O.S.No.2114 of 2010, on the file of the learned Principal Senior Civil Judge, Ranga Reddy District whereby he has dismissed the said IA filed by the petitioner/defendant No.1 for re-opening the evidence on his side. I have heard Sri K.Srinivas, learned counsel for the petitioner, and perused the record.

Respondent No.1 filed the above-mentioned suit for recovery of money under agreement of sale. After completion of evidence on respondent No.1's side, the case is posted for the evidence on the petitioner's side. As the petitioner was absent on three consecutive dates of hearing, the evidence on his side was closed and the case was adjourned for the evidence of respondent No.2, who is defendant No.2. At this stage, the petitioner has filed I.A.No.925 of 2014 for re-opening the evidence on his side for the purpose of examining himself as DW.1. This application was dismissed by the order which is questioned in this civil revision petition. A perusal of the order, dated 26.09.2014, shows that the lower Court has closed the petitioner's side evidence as he was absent on three adjournments.

The conduct of the petitioner shows that there is utter lack of diligence on his part in pursuing his cause. Therefore, the lower Court has rightly dismissed I.A.No.925 of 2014 filed by him for re-opening his evidence. At the hearing, it has come out that the suit is coming up for arguments after closure of the evidence. At this stage, I am not inclined to interfere with the order of the lower Court. Hence, the civil revision petition is dismissed. As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.56 of 2015 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 30th January, 2015 VGB