HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4509/2009 DT.31-12-2009 1.Abbireddi Nageswara Rao (died), his LRs P-2 to P4. (P2 to P5 are added as per orders of this court dt.20-11-2009 in CMP No.7407/2009) …Petitioners V. 1. Nalla Rama Rao and others. ..Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4509/2009 ORAL ORDER: This revision petition is filed by the petitioner-plaintiff against the orders of the Junior Civil Judge, Mummidivaram dt. 28-8-2009 passed in IA No.344/2009 in OS No.97/2001, whereunder petition filed for reopening the plaintiff’s evidence has been dismissed. Originally, CRP was filed by petitioner-plaintiff No.1. During the pendency of the revision petition, he died and his LRs Petitioners 2 to 4 were added as per orders of this court dt. 20-11-2009 in CMP No.7407/2009. The plaintiff filed the suit for permanent injunction. He failed to lead evidence in spite of granting 19 adjournments by the trial court from 14-6-2005 to 7-3-2006, spread over for a period of nine months. The trial court after closing the evidence of the plaintiff posted the matter for defendants’ evidence. After adducing the evidence of D.W.1 and when the matter is coming up for further evidence of the defendants, the plaintiff filed the above petition to reopen his evidence for adducing further evidence. On dismissal of the petition, the plaintiff filed the present revision before this court. The trial court while dismissing the petition observed that even after granting sufficient time, the plaintiff failed to adduce evidence and his evidence was closed on 20-2-2007. From 20-2- 2007 till the date of filing the present petition, the plaintiff did not advance his case and no particulars were mentioned in the affidavit filed along with the petition and no documents were filed to substantiate his contention that he fell sick and admitted in the hospital at Hyderabad. Further, the plaintiff did not file any list of witnesses along with his affidavit in lieu of chief-examination or along with the present application to show his bona fides that he is going to examine som other witnesses. Since the suit is filed for permanent injunction and during the pendency of the revision petition, original plaintiff died and his LRs were brought on record, to put a quietus to the litigation, the petitioners-plaintiffs should be given an opportunity to lead further evidence. In view of the same, the impugned order dt. 28-8- 20090 passed in IA No.344/2009 in OS No.97/2001 on the file of Junior Civil Judge, Mummidivaram closing the evidence of plaintiffs is set-aside and IA No.344/2009 is allowed subject to petitioners- plaintiffs paying a sum of Rs.2500/- (Rs. Two thousand and five hundred only) to the respondents-defendants on or before 20-1-2010; filing affidavits in lieu of chief- examination of the witnesses proposed to be examined on their behalf and producing witnesses for cross- examination on the date to be fixed by the trial court. In default of compliance of any of the conditions, the revision petition shall stand dismissed. The Civil Revision Petition is accordingly allowed. No costs. _______________ A. GOPAL REDDY, J Date:31-12-2009 kmr