IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1130 OF 2009 BETWEEN Sripada Satyanarayana and another. …PETITIONERS AND Sripada Venkata Subrahmanya Rajagopala Rao. …RESPONDENT Counsel for the petitioners: MR. D. RAMALINGASWAMY Counsel for the Respondent: MR. S. RAJAN The Court made the following: - ORDER: This revision is by the defendants 1 and 2 in O.S.No.1 of 2003 aggrieved by the order of the trial Court in disallowing certain questions in cross-examination of P.W.1. 2. Heard Mr. D. Ramalingaswamy, learned counsel for the petitioners and Mr. S. Rajan, learned counsel for the respondent/plaintiff in O.S.No.1 of 2003. 3. Though several contentions have been raised with regard to the scope of cross-examination and whether it can be restricted, in view of the further developments it may not be necessary to adjudicate upon that aspect. 4. It is accepted that petitioner - Mr. Sirpada Satyanarayana has three sons and one son i.e. Sripada Venkata Subrahmanya Rajagopala Rao has filed O.S.No.1 of 2003 (out of which the present revision arises) before the VII Additional District Judge (FTC), Visakhapatnam for declaration that he is the absolute owner of the plaint schedule property and for eviction of the defendants and mesne profits. The other son of the petitioner viz. Sripada Krishna Mohan has filed O.S.No.249 of 2003 before the I Additional Senior Civil Judge, Visakhapatnam for partition of the plaint schedule properties and future profits. The plaint schedule in the said partition suit comprises of items 1 to 7 and the seventh item therein is the subject matter of the suit in O.S.No.1 of 2003. I am informed that the suit O.S.No.249 of 2003 has since been transferred and pending before the VII Additional District Judge (FTC), Visakhapatnam, is numbered as O.S.No.176 of 2008. Thus, both the suits i.e. O.S.No.1 of 2003 and O.S.No.176 of 2008 are pending before the same Court i.e. VII Additional District Judge, (FTC), Visakhapatnam and undoubtedly, O.S.No.176 of 2008 is a comprehensive suit for partition. 5. While the trial has not started in O.S.No.176 of 2008, the trial commenced by receiving the affidavit in lieu of chief examination of P.W.1 in O.S.No.1 of 2003 and while it is at the stage of cross-examination, the respondent herein and plaintiff in O.S.No.1 of 2003 raised objection with regard to the questions put to the said witness in cross-examination on the ground that they relate to the matters, which are not subject matter of the suit. As is evident from above, the partition suit, which is more comprehensive, if taken up and tried along with the present suit, the repetition of evidence and the conflict can both be avoided. In view of the directions, which I propose to issue, as hereunder, the question involved in this revision petition is not necessary to be answered and perhaps, on completion of the trial, the same may not arise also. The civil revision petition is accordingly disposed of with the following directions: 1. The suit O.S.No.1 of 2003 and O.S.No.249 of 2003 (new No.O.S.No.176 of 2008) on the file of the VII Additional District Judge (FTC), Visakhapatnam, shall be clubbed for joint trial. 2. The Court below shall commence joint trial on examining the plaintiff in O.S.No.176 of 2008. 3. The evidence of P.W.1 so far recorded in O.S.No.1 of 2003 shall for the time being, kept in abeyance and as and when the turn of P.W.1 reaches on the joint trial of both the suits, his evidence to be continued from the stage at which it now stands. 4. The documents marked in ‘A’ series through P.W.1 in O.S.No.1 of 2003 shall be re-marked for the purpose of identification in ‘B’ series and P.W.1 will be treated appropriately as defence witness, for which both the counsel have expressed agreement. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 24, 2010 Note:- Office to communicate this order to the VII Additional District Judge (FTC), Visakhapatnam on or before 15.01.2011. (B/o) DSK