HON’BLE SRI JUSTICE N.V. RAMANA C.R.P.No. 1668 of 2009 DATED: 16.11.2009 Between: Sri Cheruku Vittal and another .. Petitioners And Chinta Kotamma (died) as per LRs. and others .. Respondents ORDER: Heard the learned counsel for the petitioner. This civil revision petition is directed against the order, dated 12.03.2009, passed by the learned V Additional Senior Civil Judge (FTC), Ranga Reddy District in I.A.No.139 of 2009 in O.S.No.1172 of 2001. The respondents-plaintiffs filed O.S.No.1172 of 2001 on the file of the learned V Additional Senior Civil Judge, Ranga Reddy District seeking specific performance of an agreement of sale. Evidence on the side of the respondents was closed and the suit is coming up for the evidence of the petitioners-defendants. At that stage, the respondent-plaintiffs filed the present application under Order XVIII Rule 17 r/w Section 151 CPC seeking to reopen the evidence on their behalf and to examine other witness (PW.2) contending that the whereabouts of the proposed witness, namely, Y.Rama Krishna, traced out recently i.e., on 13.2.2008, that he is a material witness and no prejudice would be caused to the petitioners-defendants, if they are permitted to examine the proposed witness. The application was opposed by the petitioners-defendants contending that the respondents-plaintiffs filed the present application belatedly only with an intention to drag on the proceedings and to fill-up the lacunae. The trial Court, having considered the rival contentions on either side, found that the proposed witness is one of the attesting witnesses to the suit agreement of sale and therefore, he is a material witness and no prejudice would be caused to the petitioners- defendants, if the application is allowed. Accordingly, the trial Court, through the impugned order, allowed the application and permitted the respondents-plaintiffs to examine the proposed witness (PW.2), subject to payment of costs of Rs.200/-, for the belated filing. This Court discerns no infirmity in the order under revision warranting interference of this Court while exercising jurisdiction under Article 227 of the Constitution of India. The civil revision petition is therefore dismissed. No costs. __________________ N.V. RAMANA, J Dt. 16.11.2009 VGB