G GOPALKRISHNA Vs. G VENUGOPAL

JUDGEMENT

(1.) THE first respondent filed OS No.26 of 2001 in the Court of the I Additional Chief Judge, City Civil Court, Secunderabad against the petitioners and the second respondent for the relief of partition and separate possession of the suit schedule properties against Sri G. Gopala Krishna, the sole defendant.

(2.) IN the course of trial, Gopala Krishna was examined in chief as DW1 in the suit and when his cross-examination was halfway through, he died. His wife, the first petitioner and sons, the second petitioner and the second respondent, were brought on record as legal representatives. He filed RC No.106 of 2001 before the Principal Rent Controller, Secunderabad against the first respondent for eviction from the property mentioned therein. It is stated that the R.C. was dismissed and an appeal filed against it is pending.

(3.) THE first respondent filed IA Nos.2029, 2030 and 2031 of 2009 with a prayer to receive the cross-examination of Gopala Krishna, to reopen the suit and to recall PW1. The applications were opposed by the petitioners. The trial Court allowed the applications through a common order, dated 30.9.2009. CRP No.4942 of 2009 is filed against the order in IA No.2031 of 2009.