THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION Nos.2244 and 2460 of 2010 COMMON ORDER: Since both these Civil Revision Petitions arose out of a suit being O.S.No.327 of 2005 on the file of the learned II-Additional Junior Civil Judge, Nellore, and are interconnected, they are being disposed of by this common order. Petitioner is the plaintiff and respondents are the defendants in the said suit O.S.No.327 of 2005 filed for declaration of right, title and interest and also for possession of the plaint schedule property. After closure of the evidence on either side and when the suit was coming up for arguments, the petitioner filed I.A.No.203 of 2010, seeking to summon the Medical Superintendent of the Government W.F.T.B & C.D Hospital, S.P.S.R. Nellore, so as to examine him with regard to the Endorsement bearing Rc.No.06/E1/10, dated 04.01.2010, issued by him. Along with the said I.A.203 of 2010, the petitioner also filed I.A.No.201 of 2010, seeking to re-open the evidence on his side for the purpose of adducing further evidence. In the affidavits filed in support of these I.As, it was the case of the petitioner that the defendants have falsely taken a stand that one Punamalli Eswaraiah worked as Lay Secretary in W.F.T.B & C.D Hospital, S.P.S.R. Nellore, even though such person did not work as such in the said Hospital during the year 1975 and, in support of his case, the Medical Superintendent of W.F.T.B & C.D. Hospital issued a certificate by way of endorsement bearing Rc.No.06/E1/10, dated 04.01.2010. The respondents/defendants resisted the plea of the petitioner by filing separate counter affidavits to the I.As, wherein it was stated that Poonamalli Eswariah in fact worked as Lay Secretary in the Government W.F.T.B & C.D. Hospital, S.P.S.R. Nellore District and that the petitioner by fraudulent means obtained the certificate to the effect that the said Eswariah never worked as Lay Secretary in the Government W.F.T.B & C.D. Hospital, S.P.S.R. Nellore District. The Court below, after detailed consideration of the matter, dismissed I.A.No.203 of 2010 on 29.04.2010, observing that since the suit is filed for declaration of title and the issue involved can be settled by considering the patta and other relevant revenue records, summoning the Superintendent at the stage of arguments is only a delay tactics and it is not proper to reopen the evidence and summon the witness at the stage of arguments. In view of these findings, I.A.No.201 of 2010 was also dismissed on the same day i.e., on 29.04.2010. Aggrieved by order dated 29.04.2010 passed in I.A.No.203 of 2010, Civil Revision Petition No.2244 of 2010 is filed, and against the order dated 29.04.2010 passed in I.A.No.201 of 2010, Civil Revision Petition No.2460 of 2010 is filed. Heard the learned counsel for the petitioner and perused the impugned orders and other material made available on record. Admittedly, the suit is of the year 2005. In the written statement filed by the respondents/defendants, it is categorically stated that the 1st defendant purchased the plaint schedule property under a registered sale deed executed by one P. Eswaraiah, who is the original assignee of the plaint schedule property and who worked as Lay Secretary of Government T.B. Hospital, Nellore. The petitioner has not taken any steps during the period of trial to summon and examine the Medical Superintendent of the Government W.F.T.B & C.D Hospital, S.P.S.R. Nellore, to rebut the stand of the defendants that the said P.Eswaraiah worked as Lay Secretary in the Government T.B. Hospital, but when the matter was coming for arguments, he has come up with the present I.As. Thus, I am of the considered opinion that the present I.As are filed only to drag on the suit proceedings and the trial Court has not committed any error in passing the impugned orders warranting interference of this Court under Article 227 of the Constitution of India and, therefore, these Civil Revision Petitions are liable to be dismissed. Accordingly, these Civil Revision Petitions are dismissed. No order as to costs. ______________ C.V.RAMULU,J 29.06.2010 v v