HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4927 of 2007 Date: 19-8-2011 Between Bezawada Raja Sekhar … Petitioner/Decree-holder and Bathula Venkateswarlu and 3 others … Respondents/Judgment-debtors HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4927 of 2007 Order: Aggrieved by the order dated 04-10-2007 in E.A.No.677 of 2007 in E.P.No.846 of 2004 in O.S.No.744 of 1990 on the file of the I Additional Junior Civil Judge, Guntur, Guntur district, the present civil revision petition is filed. 2. The revision petitioner herein is the petitioner in E.A.No.677 of 2007. He filed the application under Section 151 of CPC to recall P.W.1 for marking documents and further evidence. The trial Court dismissed the said application on the ground that the evidence sought to be adduced by the petitioner is only to fill up the laches, which is not permissible. Being aggrieved, the present civil revision petition is filed. 3. The learned counsel for the petitioner draws the attention of this Court to the order dated 17-6-2010 in C.R.P.No.5103 of 2007 passed by a learned single Judge of this Court, which was preferred aggrieved by the order dated 04-10-2007 in E.A.No.676 of 2007 in E.P.No.846 of 2004 in O.S.No.744 of 1990 on the file of the I Additional Junior Civil Judge, Guntur, wherein this Court allowed the application for reopening of the matter. 4. As seen from the said order dated 17-6-2010, the only grievance of the revision petitioner herein who filed the civil revision petition against the dismissal of the application E.A.No.676 of 2007 seeking to reopen the case is to the effect that simultaneously with the said application, an application in E.A.No.675 of 2007 has been filed to receive the documents and the same was allowed by order dated 04-10-2007 and dismissed the application E.A.No.676 of 2007 filed under Section 151 of CPC to reopen the matter on decree holder’s side, evidencing that when the Court below allowed the application E.A.No.675 of 2007 to receive the documents, dismissed the application E.A.No.676 of 2007 for reopening the case, is not sustainable. Accordingly, the order dated 04-10-2007 in E.A.No.676 of 2007 passed by the Court below was set aside. 5. The present application E.A.No.677 of 2007 was also filed along with the above two applications i.e. E.A.Nos.675 and 676 of 2007. When those two applications were allowed for reopening of the matter and to receive the documents, dismissing the present application E.A.No.677 of 2007 for recalling P.W.1, is not sustainable, the reason being unless P.W.1 is recalled, the request of the petitioner for summoning the documents will become a futile exercise. 6. Therefore, the civil revision petition is allowed, setting aside the impugned order of the Court below. No costs. 7. Registry is directed to annex a copy of the order dated 17-6-2010 in C.R.P.No.5103 of 2007 passed by this Court. ___________________ K.S.APPA RAO, J. 19th August, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4927 of 2007 19th August, 2011. (Ak)