T S BENARJEE Vs. JANNU RUTHAMMA

JUDGEMENT

(1.) RESPONDENTS 1 to 4 filed O. S. No. 53 of 2000 in the Court of Principal Senior Civil judge, Warangal, against respondents 5 to 9 and the petitioners herein, for the relief of partition and separate possession of the suit schedule property. During the pendency of the suit, some of the defendants died, and their legal representatives were brought on record. The petitioners were impleaded in the suit as defendants 8 to 12, through orders of the Trial Court in I. A. No. 1009 of 2003, as subsequent purchasers.

(2.) THE trial of the suit commenced, and the evidence on behalf of the respondents 1 to 4 (plaintiffs), was concluded. The affidavits, in lieu of chief-examination of some of the defendants, including the petitioners, were filed. The petitioners herein were cross-examined on 04-04-2008, on behalf of some of the defendants. Their cross-examination on behalf of the plaintiffs was due. On 25-04-2008, counsel for the respondents 1 to 4 (plaintiffs), requested the trial Court to permit them to cross-examine the petitioners herein, only after D. Ws. 6 and 7 are cross-examined by the supporting defendants. Petitioners opposed the said request. The Trial Court passed a detailed docket order dated 25-04-2008, noting the contentions of the respective parties and ultimately directing that the petitioners herein shall be cross-examined by the plaintiffs, after defendants 6 and 7 are cross-examined by the other supporting defendants. The said order is challenged in this C. R. P.

(3.) HEARD the learned counsel for the petitioners