HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2382 OF 2010 Dt.9.7.2010 Between: Kurra Nagaiah and others ..Petitioners And Kurra Nagappa ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2382 OF 2010 ORDER: This civil revision petition is directed against the order, dated 2.6.2010, in I.A.No.893 of 2009 in O.S.No.7 of 1996 on the file of the Junior Civil Judge, Vayalpad. Petitioners herein are defendants against whom the respondent filed O.S.No.7 of 1996 for partition and for separate possession of Ac.1.31 cents in Sy.No.4/1 of Nawabpet Village, Kalakada Mandal, Chittoor District. Defendants are also claiming the said property. The petitioners herein filed the said I.A.No.893 of 2009 to reopen the case for adducing evidence on behalf of the petitioners and the court below by order, dated 2.6.2010, dismissed the said application. No doubt the suit is of the year 1996. The evidence on behalf of the plaintiff was over on 29.7.2009 and the matter was posted to 18.8.2009 for defendants’ evidence. But, on 18.8.2009 the defendants reported not ready and again it was adjourned to 17.9.2009 on payment of costs of Rs.25/-. On 17.9.2009 when the matter was called, the costs was not paid and the defendants counsel reported no instructions and accordingly it was adjourned to 5.10.2009. As the defendants counsel reported no instructions, notices were ordered to be issued on the defendants and notices were served on the defendants on 10.11.2009. Thereafter, on 20.11.2009 when the matter was called, none appeared and no representation was made on behalf of the defendants and therefore their evidence was closed and adjourned to 4.12.2009 for arguments. From 4.12.2009 it was posted to 18.12.2009 for judgment and on 18.12.2009 the said application was filed by the defendants for reopening the case for the purpose of adducing evidence on their behalf. The application was ultimately dismissed on 2.6.2010. Having regard to the facts and circumstances of the case, I am of the opinion that there cannot be any justification on the part of the defendants for their lapses and lacunae and they have to be blamed for their negligence. But, however, I am of the opinion that it is just and proper to give one more opportunity for the defendants to adduce their evidence on a single day subject to the condition that they shall pay a sum of Rs.1000/- to the respondent/plaintiff towards costs and report ready for examining themselves. Accordingly, the order under revision is set aside and the I.A. filed by the petitioners stands allowed subject to the condition that the petitioners/ defendants shall appear before the court below on the next date of posting and adduce evidence on their behalf on one single day and also pay Rs.1000/- (Rupees one thousand only) to the plaintiff towards costs. The civil revision petition is allowed accordingly. ________________ V.ESWARAIAH, J. 9.7.2010 kpr