IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN CIVIL REVISION PETITION NO: 2321 OF 2024 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set aside the Order dated 11-09-2024 passed in I.A.No.584 of 2024 in O.S.No.138 of 2012 on the file of the Court of the V Additional District Judge, East Godavari, Rajamahendravaram, and allow the present Civil Revision Petition. Between: 1. Golla Venkata Bala Subrahmanyam, S/o.Late Subbayya, Aged about 67 years. Retd. Employee, R/o. Kakinada. 2. Golla Venkata Satyanarayana Murthy, S/o.Late Subbayya, Aged about 66 years. Retd. Employee, R/o.Hyderabad. ...Petitioners/Petitioners/Defendant No.3 & 4 AND 1. Golla Venkata Subba Rao, S/o.Late Subbayya, aged about 73 years, Rajahmundry. ...Respondent/Respondent No.l/Plaintiff 2. Golla Venkata Koteswarao, S/o.Late Subbayya, aged about 79 years, Rajahmundry. / ^ 3. Golla Venkateswararo (Died) 4. Golla Venkata Satyavathi (Died) 5. Golla Venkata Naga Lakshmi, W/o.Venkata Koteswarao, aged about 47 years, Rajahmundry. 6. Innamurti Venkata Padmavathi, D/o.G.V.Koteswarao, aged about 53 years, Bhimavaram, West Godavari District. 7. Golla Venkata Madhavi, W/o.Venkata Kanaka Durga Rao, aged about 34 years. Bangalore, Karnataka State. 8. Kota Subba Ratnam, W/o.Ram Prasad, aged about 54 years. House wife, R/o.D.No.36-5-3, Majetivari Street, Temple Street, Gold Market Centre, Kakinada. 9. G.V.Durga Prasad, S/o.G.V.Subba Rao, aged about 52 years, Uppalavati Street, Rajahmundry. G.V.Ranganath, S/o.G.V.Subba Rao, aged about 48 years Uppalavari Street, Rajahmundry. 10. I.V.Subba Rao, S/o.Subba Rao, aged about 68 years, R/o.D.No. 15-6-37, Nallavari Street, Bhimavaram. 11. ...Respondents/Respondent No.2 to 11/ Defendant No.1, 2, 5 to 12 Counsel for the Petitioners :Sri M.Sri Atchyut Counsel for the Respondent No.1 :Sri K.Sita Ram Counsel for the Respondent Nos.2, 5, 6, 8 & 11 :None appeared Counsel for the Respondent Nos.7, 9 & 10:-- The Court made the following: 0 APHC010442122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN CIVIL REVISION PETITION NO: 2321/2024 Between: Golla Venkata Bala Subrahmanyam and Others ...PETITIONER(S) AND Golla Venkata Subba Rao and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.M SRI ATCHYUT Counsel for the Respondent(S); 1.KSITA RAM 2 HBKMJ C.R.P.No.2321 of 2024 The Court made the following Order; Heard the learned counsel for the petitioner and the learned counsel for the respondent No.1. This revision is filed against the order in I.A.No.584 of 2024 in 2. O.S.No.138 of 2012 on the file of V Additional District Judge, East Godavari District, Rajamahendravaram, dated 11.09.2024, dismissing the said I.A. The petitioners herein are the petitioners in the above said I.A. and the defendants Nos.3 and 4 in the above said suit. The 1®^ respondent is the respondent No.1 in the above said I.A. and the plaintiff in the above said suit. 3. The petitioners herein filed the above said I.A. under Order 18 Rule 17 CPC to recall the P.W.1 for the purpose of further cross examination. The same was opposed by the plaintiff, filing the counter to it. Upon consideration of the matter on merits, the said I.A. was dismissed by the Trial Court vide its 4. order dated 11.09.2024, against which, this C.R.P. arises. The learned counsel for the petitioners submits that though the suit is at 5. the stage of arguments, the petitioners may be given an opportunity to cross-examine the P.W.1 by recalling the said witness on the original agreement of sale dated 23.04.2005 and also on the agreement for partition of The above said I.A. was filed by these sale proceeds dated 21.07.2005. petitioners on the advice of their present counsel before the trial Court to recall the P.W.1 for further cross examination as stated above on the original 3 HBKM,J C.R.P.No.2321of2024 , agreement of sale dated 23.04.2005 and on the agreement for partition of sale proceeds dated 21.07.2005. 6. He further submits that at least on payment of costs, the said petition may be allowed. 7. On the other hand, the learned counsel St appearing for the 1 respondent/plaintiff submits that initially the suit was filed in the year 2007, which was numbered as O.S.No.736 of 2007 on the file of I Additional Senior Civil Judge, Rajahmundry and upon making over of the same to the Principal District Judge, East Godavari, Rajahmundry vide orders dated 07.09.2012 the said suit was re-numbered as O.S.No.442 of 2008 and became O.S.No.139 of 2012. upon transfer again it 8. Initially the P.W.1 cross examination was commenced in the said suit on 16.12.2010 and the same was closed on 21.06.2016, after lapse of almost 6 years, at the instance of the former counsel who appeared for the petitioners herein/defendants therein. Later the petitioners herein engaged the advocate on record and filed another application in I.A.No.1753 of 2017 before the Court below and the present same was ordered subject to the condition, to complete the cross examination of P.W.1 on or before 16.02.2018 vide its order dated 09.02.2018. But the petitioners herein/defendants took around months time to complete the cross examination of the said witness. 8 In that. I.A.No.1753 of 2017 also, the plea was taken to recall the P.W.1 for examination on the important aspect relating to Ex.AI, cross agreement for sale 4 HBKM,J C.R.P.No.2321 of 2024 Thus the cross examination was lasted for more than 8 years. Again the petitioners herein/defendants filed the present application to examine now with regard to the Ex.A.24, which was already done on 12.07.2024 and the suit was posted for arguments. After filing the cross examination of P.W.1 twice, the 3’’^ time the above said I.A. was filed to recall and cross examine the P.W.1 again on the agreement of sale (Ex.AI). Accordingly, the plaintiff also filed counter in the above said I.A. In view of the above said facts and circumstances and upon 9. 1 consideration of the rival submissions made, it is to be noted that there are no / disputes with regard to the facts leading to filing of the above said I.A. in the above said suit, against which, this revision arises. Ultimately this is the suit rd of the year 2012 and the above said I.A. was filed consequentively for the 3 time to recall the said witness/P.W.1 on one ground or the other. As evident from the record, several years lapsed at the stage of recalling the said witness for the purpose of further examination. The trial Court discussed the circumstances elaborately in the above said I.A. and rightly dismissed the said I.A. as it is suffering from devoid of merit. Since the suit is at the stage of arguments and the said witness was cross examined at length on different occasions as borne out from the record of the suit, this Court does not find any merit to show any indulgence with the order passed by the trial Court dated 11.09.2024. Since the pleadings are complete and recording of evidence is over in the suit, the trial Court shall proceed with the further steps in the matter, for which, the parties and the counsels appearing for them shall 5 HBKMJ C.R.P.No.2321 of 2024 co-operate with the trial Court for early disposal of the said suit and the suit shall be disposed of as expeditiously as possible preferably within a period of three (03) months from the date of receipt of this order. With the above said observation, this Civil Revision Petition is 10. dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The V Additional District Judge, East Godavari, Rajamahendravaram. 2. One CC to Sri M. Sri Atchyut, Advocate [OPUC] 3. One CC to Sri K. Sita Ram, Advocate [OPUC] 4. Three CD Copies' BSV sree HIGH COURT DATED:04/04/2025 ORDER CRP.No.2321 of 2024 I 2 MPR 2025 !»ecuon , DISMISSING THE CRP WITHOUT COSTS