HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.3573 of 2014 Date : 31-10-2014 Between:
P. Chandrappa .. Petitioner And I.P. Ramalingappa and others .. Respondents Counsel for petitioner : Sri G. Madhusudhan Reddy Counsel for respondents : --
The Court made the following :
ORDER:
This Civil Revision Petition arises out of order dated 14-8-2014 in I.A.No.158 of 2014 in O.S.No.102 of 2007 on the file of the learned Senior Civil Judge, Vikarabad, Ranga Reddy District.
The petitioner filed the above mentioned suit for partition and separate possession of the suit schedule property. Respondent No.1 filed a written statement denying the claim of the petitioner by pleading that he was given in adoption to Nooli Paramaiah and relinquished all his rights in his natural family. It appears, PW-1 was cross-examined as far back as the year 2007. For the reasons which are not available before this Court, the suit is kept pending for the last seven years. Respondent No.1 has filed I.A.No.158 of 2014 under Order XVIII Rule 17 r/w. Section 151 CPC for recalling of the petitioner for further cross-examination. In his affidavit filed in support of the said application, respondent No.1 stated that recently he came to know about certain new facts and also collected certain documents which substantiate his plea of adoption of the petitioner taken in the written statement. This application was allowed by the lower Court.
After hearing Sri G. Madhusudhan Reddy, learned Counsel for the petitioner, I am of the opinion that by recalling the petitioner for further cross-examination, no prejudice is caused to him, more so, when the suit is pending for the last seven years. The lower Court has exercised its discretion in favour of respondent No.1 and I am not inclined to interfere with such discretion in the absence of any prejudice to the petitioner.
For the above mentioned reasons, the Civil Revision Petition is dismissed. Since the suit is pending for the last seven years, the lower Court is directed to dispose of the same within a period of three months from the date of receipt of this order.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.4875 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 31-10-2014 AM