Karakaptla Narsinga Rao, And 3 Others v. M. Shanthamma

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 0 3 4 an d 2 0 1 8 OF 2 0 1 9 COMMON ORDER:

Since the parties and the subject suit in both these civil revision petitions are one and the same, they are being heard and disposed of together.

2.

These Civil Revision Petitions, under Article 227 of the Constitution of India, are filed by the petitioners/ defendants, aggrieved by the orders, dated 19.06.2019, passed in I.A.Nos.731 and 732 of 2019 in O.S.No.257 of 2013 by the learned Principal Junior Civil Judge, Medchal, whereby, the applications filed by the revision petitioners/ defendants to recall P.W.1 and to set aside the order dated 06.05.2019 were dismissed.

3.

Heard learned counsel for the revision petitioners/ defendants, learned counsel for the respondent/ plaintiff and perused the record. 4.

The material placed on record reveals that the suit is filed for perpetual injunction and P.W.1 was not cross-examined on behalf of the revision petitioners/ defendants. The crossexamination of P.W.1 is necessary for just adjudication of the subject matter of the suit.

5.

Under these circumstances, the Civil Revision Petitions are allowed setting aside the impugned orders. The learned counsel for the revision petitioners/ defendants is directed to conduct

cross-examination of P.W.1 within fifteen days from today, without taking any further time.

Further, the revision petitioners/ defendants shall pay costs of Rs.2,000/ - to P.W.1 before commencement of his cross-examination. Miscellaneous petitions, if any, pending in these Civil Revision Petitions, shall stand closed. There shall be no order as to costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 23.12.2019 Note: Issue C.C. today.

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