D. CHENGALRAYA NAIDU Vs. K. MADHUSUDANA BABU

JUDGEMENT

(1.) These Civil Revision Petitions are filed questioning the legality and correctness of the common orders passed in I.A.Nos.431,432 & 433 of 2024 in O.S.No.200 of 2014 by the learned III Additional District Judge, Tirupathi.

(2.) Inasmuch as three Civil Revision Petitions arise out of a common order, they are heard together and are being disposed of by this common order.

(3.) The facts that led to filing of these Civil Revision Petitions, in brief, are that: The respondent nos.1 & 2 filed suit vide O.S.No.200 of 2014 for specific performance of agreement to sell dtd. 5/11/2011 executed by respondent no.3 in their favour or in the alternative for refund of the earnest money together with interest. Since respondent no.3 executed sale deed in favour of the petitioner, the petitioner was impleaded as defendant no.3, being a proper and necessary party to the suit. Both the parties let in oral and documentary evidence and when the suit was at the stage of arguments, the petitioner, who is defendant no.3 in the suit, filed petitions (1) to recall P.W.1 and P.W.3 for further cross-examination (2) permit him to file additional written statement and (3) to reopen the suit for the above said purposes of recalling witnesses and filing additional written statement. The trial Court vide common orders dtd. 23/10/2024 dismissed the petitions being meritless. Assailing the said dismissal order, these three Civil Revision Petitions came to be filed.