THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 1545 of 2009. ORDER: This revision is by the plaintiff and is directed against the order dt. 6.3.2009 of the Prl. Junior Civil Judge, Visakhapatnam allowing I.A.No. 152 of 2009 filed by the respondent/2nd defendant for recall of Pw.1 for cross-examination. Notice before admission in this revision was ordered on 22.4.2009 while granting interim stay. Till date notices have not been returned served nor proof of service of such notices filed into court. The Court below by the order impugned allowed I.A.No. 152 of 2009 filed by the 2nd defendant seeking recall of Pw.1 for cross- examination. In the affidavit filed in support of the application, it is pleaded that due to ill-health, the petitioner could not contact his Counsel within the time and therefore the cross-examination of Pw.1 could not be conducted and in the circumstance he sought leave of the court to recall Pw.1 for cross-examination. This application was ordered by the court below satisfied with the explanation offered by the petitioner, by imposing costs of Rs. 100/- and on condition that the 2nd defendant should get Pw.1 cross-examined on the next date of hearing, in default the petition shall stand dismissed. Since on account of the stay granted herein in 2009, the suit filed for permanent injunction is interminably delayed and in the context of the fact that notices on the respondents have not been served and no proof of service is filed into court, Sri.S.Anand, learned Counsel for the petitioner submits that the revision may be disposed of on merits. In the facts and circumstances, the revision is disposed of upholding the order impugned, on merits as this Court discerns no error in the application of law or exercise of discretion warranting revisional interference under Article 227 of the Constitution. However, since the suit for permanent injunction is pending since 2004, the learned Jr. Civil Judge, Visakhapatnam is requested to dispose of the suit expeditiously and preferably within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ GODA RAGHURAM, J 09.12.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 1545 of 2009. ORDER: Dt. 09.12.2011.