L. Narasimha Reddy, J.— The first respondent filed O.S.No.26 of 2001 in the Court of the I Additional Chief Judge, City Civil Court, Secunderabad against the petitioners and the second respondent for the relief of partition and separate possession of the suit schedule properties against Sri G. Gopala Krishna, the sole defendant.

2. In the course of trial, Gopala Krishna was examined-in-chief as DW1 in the suit and when his cross-examination was halfway through, he died. His wife, the first petitioner and sons, the second petitioner and the second respondent, were brought on record as legal representatives. He filed R.C. No.106 of 2001 before the Principal Rent Controller, Secunderabad against the first respondent for eviction from the property mentioned therein. It is stated that the R.C. was dismissed and an appeal filed against it is pending.

3. The first respondent filed LA.No.296 of 2009 with a prayer to permit him to file the deposition in cross-examination of Gopala Krishna in R.C. No.l06 of200 1, as cross-examination in the present suit. The application was resisted by the petitioners. The trial Court allowed the I.A. through order, dated 7.7.2009. C.R.P.No.3392 of 2009