HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2028 of 2010 DT.23.07.2010 Ch.Sathibabu and others …Petitioners V. G.Surya Kumari and another … Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2028 of 2010 ORDER:- In a suit filed by the plaintiffs for declaration of title and for injunction, the 1st plaintiff herself was examined as P.W.1 and was subjected to cross-examination by the petitioners/defendants. When the matter is posted for further evidence on behalf of the plaintiffs, the present impugned I.A.No.238 of 2010 in O.S.No.122 of 2009 was filed by the petitioners/defendants for recalling P.W.1 for further cross- examination stating that the petitioners have to cross-examine P.W.1 with regard to the unregistered will and other important aspects. When the plaint allegations clearly discloses that one Satyavathi executed an unregistered Will dated 04.02.1990 bequeathing the ABCD Property and subsequently the 1st and 2nd plaintiffs came into possession and enjoyment of the said property, it is for the plaintiffs to prove the Will in the manner prescribed. Therefore, mere stating that the Will is not genuine by the defendants, will not give raise to come to a conclusion that the said unregistered Will is nothing but a fabrication filed for the purpose of the suit and leading evidence on that aspect by the defendants will arise only when the proof of the Will has been established by the plaintiffs. Therefore, at this stage, cross-examination of P.W.1 with respect to the Will, does not arise. In view of the same, the discretion exercised by the Principal Junior Civil Judge, Kothapeta in dismissing the impugned I.A., does not suffer from any manifest illegality, warranting interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No costs. _______________ A. GOPAL REDDY, J 23rd July 2010 lmv