THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4516/2009 Dt. 9-10-2009 1. Cheekatla Padma and another ..Petitioners V. 1. Cheekatla Prabhakar Rao and others. ..Respondents. THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4516/2009 ORAL ORDER This is plaintiffs’ revision under Art. 227 of the Constitution of India challenging the dismissal of IA No.623/2009 in OS No.410/2004 filed under Order 18 Rule 17 r/w Sec. 151 CPC to recall P.W.1 for the purpose of giving evidence on Ex.B-1 by I Additional Senior Civil Judge, Rajahmundry on 29-6-2009. The plaintiffs filed the present petition for recalling P.W.1 for the purpose of giving evidence on Ex.B-1 on the ground that the respondents/defendants filed Ex.B-1 after completion of their evidence. Admittedly, the present petition is filed after completion of the entire evidence and posting the suit for arguments. The trial court rightly dismissed the petition stating that Ex.B-1- will was filed by the first defendant along with written statement on 20-1- 2005. The plaintiffs along with the plaint filed one copy of registered deed of conveyance for exchange of property and it is marked as Ex.A-2 through the plaintiffs during the course of trial. In Ex.A-2, there is a mention of execution of unregistered will dt. 19-1-1999, which was marked as Ex.B-1 through D.W.1. He was sufficiently cross-examined by the counsel for the plaintiffs on Ex.B-1. The reasons assigned by the plaintiffs for recalling P.W.1 for the purpose of giving evidence on Ex.B-1 are not tenable, and present petition is filed only to protract the litigation. No infirmity is discernible in the impugned order passed by the trial court warranting interference. The Civil Revision Petition fails and is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.9-10-2009 kmr