THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.R.P.No.5783 of 2009 and C.R.P (SR).Nos.32982 and 33016 of 2009 COMMON ORDER: The petitioner filed O.S.No.280 of 2007 in the Court of Principal Junior Civil Judge, Rayachoti, against the respondents for the relief of perpetual injunction in respect of the suit schedule property. Pleadings are complete and the trial of the suit commenced. On 23.06.2009, the petitioner filed his affidavit in lieu of chief-examination and Exs.A.1 to A.3 were marked. However on account of his absence on 23.06.2009, the trial Court directed that his evident be eschewed. Thereupon, the petitioner filed three applications; one to set aside the order dated 23.06.2009, other to recall him as P.W.1 and the third one to permit him to depose in cross-examination. Through a common order, dated 17.08.2009, the trial Court dismissed all the three applications. Hence, these three revisions. Heard the learned counsel for the petitioner and the learned counsel for the contesting respondents. The petitioner virtually remained indifferent, ever since the trial of the suit commenced. The suit had to be adjourned on several occasions, after it was listed for trial. Before the petitioner filed his affidavit in lieu of chief-examination, once an order was passed on 08.04.2009, eschewing his evidence, I.A.No.336 of 2009 filed by him was allowed on 05.05.2009. However, the situation did not improve and there was default on the part of the petitioner and his counsel in the trial Court on 23.06.2009. Left with no alternative, the trial Court eschewed his evidence from consideration. Even in the present set of applications, the only ground pleaded by him is that he is old and suffered from fever. The trial Court observed that no proof of illness of the petitioner was filed. In fact, no interference is warranted with the reasoned order passed by the trial Court. However, the petitioner who is a senior citizen and has taken recourse of law, cannot be denied an opportunity of adducing of his evidence. Certain terms can be imposed for this purpose. Hence, the civil revision petitions are allowed and the common order under revisions is set aside, subject to the conditions that- (a) the petitioner shall pay a sum of Rs.2,000/- (Rupees Two Thousand Only) to the counsel for the first respondent in this Court, within a period of two weeks from today and (b) if the petitioner does not adduce his evidence, and commits any default in that regard, the trial Court shall be entitled to dismiss the suit for default. There shall be no order as to costs. _________ 02.03.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.R.P.No.5783 of 2009 and C.R.P (SR).Nos.32982 and 33016 of 2009 Date: 02.03.2010 JSU