THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4395/2009 Dt. 9-10-2009 1. Yalla Datta Bhujanga Rao and another ..Petitioners V. 1. Yalla Nagababu and others. ..Respondents. THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4395/2009 ORAL ORDER The petitioners-plaintiffs filed this revision under Art. 227 of the Constitution of India challenging the correctness of the orders passed by the Senior Civil Judge, Pithapuram dt. 22-7-2009 in IA No.226/2009 in OS No.145/2006, whereunder petition filed for summoning the first respondent/first defendant for giving his evidence as court witness was dismissed. It is not disputed that the first respondent/1st defendant filed OS No.269/2002 on the file of Junior Civil Judge, Pithapuram for partition of the property and it is pending and the first respondent already filed his chief-affidavit in lieu of examination-in-chief in the said court and at that stage the present application is filed in the present suit. In view of the same, summoning the first respondent/1st defendant to record his evidence as court witness in the suit filed by the petitioners-plaintiffs for partition as court witness is not necessary since he is already a party to OS No.269/2002 and he can very well cross-examine him on the affidavit filed as the present suit is filed subsequent to the suit filed by first respondent/1st defendant. It is always open for the petitioners/plaintiffs to obtain stay of trial of the suit filed by him since it is a subsequent suit and can move for clubbing of both the suits. In view of the same, discretion exercised by the trial court dismissing IA does not suffer from any illegality warranting interference. The Civil Revision Petition fails and is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.9-10-2009 kmr