Patamsetty Saraswathi Kumar v. Pulavarthy Subrahymanyam

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION NO.5932 OF 2017 DATED:03-11-2017 Between:

Patamsetty Saraswathi Kumar and another ... Petitioners And Pulavarthy Subrahmanyam and others ... Respondents COUNSEL FOR THE PETITIONERS: Mr. K.R. Sasidharan Nair COUNSEL FOR THE RESPONDENTS: - THE COURT MADE THE FOLLOWING:

CVNR, J CRP 5932/2017 ORDER:

This civil revision petition is filed against order dt.10.10.2017 in I.A. No.290 of 2016 in O.S. No.123 of 2008, on the file of the Principal Junior Civil Judge, Bheemunipatnam.

Petitioner No.1 is the sole defendant in the aforementioned suit and petitioner No.2 is the plaintiff in the connected suit - O.S. No.101 of 2012. Respondent No.1, who filed O.S. No.123 of 2008, filed the aforementioned I.A. to reopen the evidence on his side for the purpose of examining defendant Nos.3 and 4 in O.S. No.101 of 2012, respondent Nos.3 and 4 herein, as witnesses, since they are the GPA holder and vendor of the respondent No.1 - plaintiff respectively. The Court below by a reasoned order has allowed the said application. The petitioners have failed to explain as to how the reopening of the evidence would cause any prejudice to their interests. The lower Court having exercised its discretion in favour of respondent No.1 for reopening of the evidence, this Court is not inclined to interfere with such discretion, particularly when no prejudice is caused to the interests of the petitioners.

Hence, the civil revision petition is dismissed.

CVNR, J CRP 5932/2017 As a sequel to dismissal of the civil revision petition, C.R.P.M.P. No.7664 of 2017 shall stand disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J 03-11-2017 bnr