BATTINI SRINIVAS RAO Vs. KONURI VENKATA CHALAPATHI RAO

JUDGEMENT

(1.) This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 21/6/2023, in I.A.No.288 of 2023 in O.S.No.395 of 2018 on the file of the Court of the Principal Senior Civil Judge, Ongole, Prakasam District filed under Sec. 151 and order 18, rule 7 of C.P.C. seeking to recall DW-1 and DW-3 for further cross examination with regard to payment of consideration and other disputes of Ex.A1 transaction.

(2.) The petitioner herein is the plaintiff; the respondents herein are the defendants in the suit.

(3.) The plaintiffs filed the suit in O.S.No.395 of 2018 filed to cancel the Registered Sale Deed dtd. 11/4/2018 bearing No.1628 of 2018 executed in favour of 1st defendant by the plaintiff for the suit schedule property and same is pending. In the said suit an application in I.A.No. 288 of 2023 has been filed to recall DW-1 and DW-3 for further cross examination. The trial court dismissed the said application on the ground that the petitioner filed the application to fill up the lacunae and it would cause great prejudice to the 1st respondent and there is no justifiable cause to reopen and recall the witnesses after closure of the evidence on the side of defendants. Assailing the same, the present Revision came to be filed.