THE HON'BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION Nos. 4441 and 4442 OF 2010 Dated: 12.11.2010 Between: Pilla Venkata Narasimha Rao @ Chinna and others ..... PETITIONERS AND Pilla Rambabu and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION Nos. 4441 and 4442 OF 2010 COMMON ORDER : These two revision petitions arising out of the proceedings in O.S.No.223 of 2006 on the file of the Court of the Senior Civil Judge, Narsapur are heard together and decided by this common order. The revision petitioners are the plaintiffs 1 to 3 in O.S.No.223 of 2006, which is filed for partition of the suit schedule properties. The suit was contested and DW.1 and DW.2 were examined on behalf of the defendants. Thereafter as no further witnesses were produced on behalf of the defendants, the evidence of the defendants was closed and the suit was posted for arguments. While so the defendants 1 and 2 filed I.A.No.1010 of 2010 and I.A.No.1051 of 2010 with a prayer to reopen the evidence and permit them to examine their witnesses. Along with the said applications the affidavits in lieu of chief examination of DW.3, DW.4 and DW.5 were also filed. Though the said applications were opposed, the Court below by separate orders dated 14.09.2010 allowed both the applications, subject to the condition that the DW.3, DW.4 and DW.5 shall attend the Court on the date of adjournment and subject themselves for cross examination. Aggrieved by the said orders, these two revision petitions have been filed by the plaintiffs 1 to 3. I have heard the learned counsel for the petitioners. A perusal of the orders under revision shows that the learned Senior Civil Judge, having considered the entire material available on record and on application of mind to the facts and circumstances of the case, allowed the applications making it clear that if the witnesses fail to appear on the date of adjournment for cross examination, the petitioners should stand dismissed. Such discretion exercised by the learned judge on application of mind to the facts and circumstances of the case, warrants no interference by this Court in exercise of the jurisdiction under Article 227 of the Constitution of India. Accordingly, both the Civil Revision Petitions are dismissed. No costs. ___________ G. ROHINI, J Date: 12.11.2010 Ivd