IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.4308 OF 2010 Between: Syed Khaleel Ahmed and five others. --- Petitioners/ Plaintiffs. AND Syed Jaleel and two others. --- Respondents/ Defendants. The Court made the following: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.4308 OF 2010 ORDER: This Revision is directed against the docket order dated 19-08-2010, passed in I.A. No.401 of 2010 in O.S. No.2 of 2007, on the file of IV Additional District Judge (FTC) at Warangal, whereby, the evidence of the plaintiffs-petitioners was reopened and the plaintiffs- petitioners were permitted to lead further evidence. Brief facts are that the petitioners instituted the suit for partition of the plaint schedule property and put them in their respective shares. Though, sufficient opportunity was given to the plaintiffs i.e., the petitioners herein, they have not chosen to file their chief-affidavits and in those circumstances, the Court below closed their evidence and posted the suit for defendants evidence. At that stage, the present application has been filed for reopening the evidence and also to permit them to lead the evidence. As stated supra, the said application was allowed but the court below directed the petitioners i.e., plaintiffs to file the chief-affidavits of their witnesses by next date of hearing and further observed that if the petitioners fail to submit the chief-affidavits, the I.A. stands dismissed. Heard the learned counsel for both sides. The main contention of the learned counsel for the petitioners/plaintiffs is that the petitioners are prepared to file the chief- affidavits of all their witnesses, but however, after cross-examination by the other side, if it is required, they may be permitted to examine some more witnesses. But in view of the specific direction given by the Court below that the petitioners shall file the chief-affidavits of all the witnesses by the next date of hearing, they are prejudiced. I find force in the said submission. When once the petitioners are coming forward and stating that they are ready to file all the chief- affidavits of their witnesses, in my considered view, the request of the petitioners/plaintiffs can be considered and they may be permitted to examine some more witnesses after the cross-examination by the defendants if they so choose. Accordingly, this Revision is disposed of with a direction that after completion of the defendants evidence, if required, the petitioners are directed to file an application before the Court below permitting them to examine some more witnesses on their behalf, within a period of four weeks from the date of completion of defendants evidence and on such filing, the same may be considered by the learned IV Additional District Judge (FTC) Warangal. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J. December, 03, 2010. DSH