THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5095 OF 2009 DATED 19TH APRIL, 2011 BETWEEN Kotha Venkata Subba Reddy …Petitioner And D.Subba Reddy and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5095 OF 2009 O R D E R The order dated 15.09.2009 passed by the learned Principal Junior Civil Judge, Rayachoty, Kadapa District, in I.A.No.711 of 2009 in O.S.No.128 of 2003 is questioned in this Civil Revision Petition. By the said order, the trial Court dismissed the application filed by the petitioner/plaintiff to re-open the suit to allow him to adduce further evidence. This Court granted interim stay of further proceedings in the suit by order dated 16.11.2009 which was extended only upto 15.09.2010 and ceased to operate thereafter. During the pendency of the Civil Revision Petition, the third respondent died but in spite of the matter being adjourned, the petitioner did not choose to bring on record his legal representatives. The Civil Revision Petition therefore stands dismissed against the third respondent on this preliminary ground. The facts in brief, relevant for this adjudication, are that the petitioner/plaintiff, filed the suit, O.S.No.128 of 2003, for a permanent injunction against the respondents/defendants. He filed his affidavit in lieu of Chief-Examination on 09.04.2009 and was cross-examined on 29.06.2009. The matter was adjourned for further evidence of the plaintiff on 03.07.2009 but as he did not take any steps on the said day, the trial Court closed his evidence and posted the matter for the evidence of the respondents/ defendants on 17.07.2009. On the said day the counsel for the petitioner/plaintiff cross-examined D.W.1 on his evidence affidavit and the matter was adjourned for further evidence of the respondents/defendants. At that stage, the petitioner/plaintiff filed the subject application on 27.07.2009 seeking re-opening of the suit to allow him to adduce further evidence. The only ground put forth by him in his affidavit filed in support of the said application was that he was suffering from ‘Chikun Gunya’ and therefore could not take steps earlier. However, he failed to file a medical certificate in support of his plea that he was unwell. Taking note of the said failure, the trial Court held that no reasonable grounds were made out by the petitioner/plaintiff for affording him a second opportunity and accordingly dismissed the I.A. This Court finds no irregularity in the order passed by the trial Court warranting interference in a Civil Revision Petition filed under Article 227 of the Constitution. The Civil Revision Petition is devoid of merit and is accordingly dismissed. No costs. ---------------------------- SANJAY KUMAR, J. 19TH APRIL, 2011. PGS/VGSR