Hanumanula Srinivasa Rao v. Tatineni Venkatappaiah

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.128 of 2015 ORDER :

This civil revision petition is filed by the plaintiffs in the suit in O.S.No.438 of 2002 on the file of Principal Junior Civil Judge, Avanigadda, aggrieved by order dated 22.11.2014, passed in I.A.No.723 of 2014.

The suit is for injunction simplicitor, filed in the year 2002. When it was posted for arguments, the present application in I.A.No.723 of 2014 came to be filed to reopen the plaintiffs' evidence on the ground that earlier, third party affidavit was filed by one Dasari Nageswar Rao and the plaintiffs want to examine such witness. There appears no reason at all to seek for reopening of evidence at this stage. When the third party affidavit was filed long back, there is no reason for not examining such witnesses for all these years, though the suit is pending from 2002 onwards. In that view of the matter and in view of the reasons recorded by the trial Court, I do not find any ground to interfere with the impugned order. The revision is accordingly dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

______________________ R. SUBHASH REDDY, J

23rd January 2015 ajr