IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION NO.3672 OF 2009 DATED:18.03.2011 Between: Puvvada Padmavathi and others … Petitioners And Kalagarla Vanisree and others … Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION NO.3672 OF 2009 ORDER: The petitioners herein are the defendants in a partition suit in O.S. No.1 of 2002 filed by the respondents – plaintiffs in the Court of VII Additional District Judge (Fast Track Court), Visakhapatnam. The suit was dismissed for default on 21.2.2006. Later, it was restored and again as there was no representation for the respondents – plaintiffs on 27.6.2008 the matter was adjourned subject to payment of costs of Rs.300/-. Ultimately, the plaintiffs’ evidence was closed on 3.3.2009. Again as there was representation for both sides, the suit was dismissed for default on 24.4.2009. Hence, the respondents – plaintiffs filed I.A. No.750 of 2009 seeking to set aside the order dt.24.4.2009 dismissing the suit for default and to restore the suit. The said I.A. was allowed by the impugned order dt.15.7.2009, against which present revision is filed. The application – I.A. No.750 of 2009 filed by the plaintiffs for setting aside the order 24.4.2009 and to restore the suit, was allowed on condition that the plaintiffs shall complete their evidence within 20 days from the date of the order, i.e., 15.7.2009 and also on condition that they shall also issue notice to the other side counsel, and that both the parties were directed to complete their evidence as early as possible, as the suit is of the year 2002. In the circumstances, as the suit is for partition, and the defendants are aware of the restoration of the said suit and the suit was restored on a condition that the plaintiffs shall complete their evidence within 20 days from the date of the order, I am not inclined to interfere with the impugned order. Accordingly, the Civil Revision Petition is dismissed directing the Court below to give reasonable opportunity to both sides for adducing evidence and dispose of the same on priority basis. No costs. _______________________ V. ESWARAIAH, J 18.3.2011 bnr