HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION NO. 5826 OF 2009 Friday, the thirty first day of December, Two Thousand and Nine Between V.Rajya Lakshmi and another Petitioners AND M.Babu Rao Respondent THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. NO. 5826 OF 2009 ORAL ORDER: Assailing the order dated 30.9.2009 passed in I.A. No. 1761 of 2009 in O.S. No. 170 of 2007 by the learned II Addl. Chief Judge, City Civil Court, Hyderabad, dismissing the petition filed under order XVIII CPC to reopen the evidence of the plaintiff – respondent herein, to cross examine him, the defendants filed this Civil Revision Petition. The petitioners herein filed the above interlocutory application seeking to reopen the evidence of plaintiff examined as PW-1. The court below observed that since the respondent herein was not at all cross-examined and with a view to afford an opportunity to cross-examine him, allowed the application on payment of costs of Rs.500/- to the Bar Association, City Civil Court, Hyderabad and apart the costs of Rs.500/- imposed earlier, which were however not paid, shall be paid to the respondent herein before 14.10.2009. But, however, on 14.10.2009, as the costs were not paid the application was dismissed for non-compliance of the condition. Aggrieved thereby, the present Civil Revision petition is filed by the defendants. As can be seen from the order impugned, though the prayer sought for by the petitioners was conditionally granted, imposing costs on two occasions, the petitioners did not comply with the conditions. Therefore, having regard to the facts and circumstances and having regard to the fact that the suit is of the year 2007, the court below is perfectly justified in dismissing the petition. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ________________________ Justice T. Meena Kumari December 31, 2009 MAS