KOTIPALLI SATYANARAYANA Vs. MAMIDIKUDURU TATA RAO

JUDGEMENT

(1.) THE 1st defendant in the suit, instituted for partition by the 1st respondent herein/plaintiff, is the petitioner in this revision. He moved I.A.No.375 of 2013 in O.S.No.53 of 2007 seeking recall of PWs.1 to 3 for cross -examination on his behalf. The learned Junior Civil Judge, Mummidivaram, has recorded that PW.1 filed his affidavit in lieu of chief -examination on 06.02.2013 and thereafter, the matter was posted for cross -examination of PW.1 on 15.02.2013 and 21.02.2013 and again, it was adjourned to 01.03.2013 and 08.03.2013. The petitioner herein, who is the 1st defendant in the suit, has failed to cross -examine PW.1. In the meantime, PWs.2 and 3 have filed their chief affidavits and they were cross -examined by defendant No.4. Now at this stage, recall petition of PWs.1 to 3 is filed.

(2.) THE learned counsel for the petitioner, Sri G. Simhadri, would strenuously submit that the petitioner is nearly 70 year old man having certain health problems and his wife and son were challenged persons and he has to take good care of them. All these factors cumulatively, came in the way of the petitioner herein in cross -examining PWs.1 to 3. This explanation has not found favour of the trial Court, as no specific ailment has been set out and further, no material is produced in proof of any such disposition. Therefore, the trial Court has rejected the interlocutory application.

(3.) THE learned counsel for the 1st respondent/plaintiff in the suit would submit that at least on two different occasions the Court has adjourned the matter by imposing costs, but still, the petitioner herein has not cooperated in completing the cross - examination of PWs.1 to 3.