IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.726 OF 2005 BETWEEN Tatikonda Subrahmanyam and others. …PETITIONERS AND T. Jalamma and another. …RESPONDENTS Counsel for the petitioners: Mr. Nimmagadda Satyanarayana Counsel for the Respondents: None Appeared The Court made the following: - ORDER: This revision petition is filed by the defendants 2 to 4 in O.S.No.144 of 1995 against the dismissal of I.A.No.2514 of 2004 by order dated 22.12.2004 passed by the Principal Junior Civil Judge, Chirala. 2. Petitioners - defendants 2 to 4 could not cross-examine P.W.1 on the date on which he was examined in chief and even after giving opportunity, the counsel for the petitioners could not cross-examine P.W.1 and therefore, their right to cross-examine was forfeited. The petitioners, thereafter, filed I.A.Nos.2514 and 2515 of 2004 to recall P.W.1 and to set aside the forfeiture of cross-examination order. The applications were dismissed and the petitioners filed this revision petition as against order in I.A.No.2514 of 2005 and as against order in I.A.No.2515 of 2005, CRP.No.136 of 2005 was filed. 3. It is brought to the notice of this Court that CRP.No.136 of 2005 was allowed by this Court by order dated 22.02.2005 whereunder the trial Court was directed to fix the date of convenience to both parties to enable the petitioners to cross-examine P.W.1. The present revision petition, directed against rejection of the application to reopen the plaintiff’s side evidence, however, remains undisposed and it is now coming up for hearing. In view of the order of this court in connected CRP.No.136 of 2005, this revision petition is allowed. The office is directed to communicate this order together with the order in CRP.No.136 of 2005, if not communicated already, to the trial Court. The trial Court shall fix the date for cross- examination of P.W.1 immediately after reopening of the Courts after ‘Sankranthi Vacation, 2010’ and follow the order of this Court in CRP.No.136 of 2005 and pass appropriate order in the suit. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 18, 2009 DSK