BATCHU JAGADISH KUMAR Vs. MOGILI VENKATASWAMY DIED

JUDGEMENT

(1.) Aggrieved by the order dated 19.06.2019 in IA No.1141 of 2019 in OS No.100 of 2013 passed by the Principal Junior Civil Judge, Chirala, the petitioner/plaintiff preferred the present civil revision petition. For the sake of convenience, the parties are hereinafter referred to as they are arrayed in the suit before the trial Court.

(2.) E case of the petitioner/plaintiff in brief is that, he filed the above suit seeking permanent injunction against the defendants, restraining them from in any way interfering with his peaceful possession and enjoyment of the subject property; in the said suit, the evidence on both sides was closed and the matter was posted for arguments; at that stage, petitioner/plaintiff filed the present petition under Order XVIII Rule 17 CPC to recall DW.2 for further cross-examination on the ground that he failed to give suitable instructions to his counsel with regard to Ex.A.1 and prayed to recall DW.2 further cross-examination.

(3.) Counter-Affidavit has been filed by the 5th respondent/5th defendant stating that DW.2 was subjected to lengthy cross-examination and that the I.A. is filed only to drag on the proceedings.