THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION Nos.1923, 1924, 1925, 1926 and 1927 OF 2024 COMMON ORDER:-

1. C.R.P.No.1923 of 2024 is filed claiming the following relief:

“…pleased to call for the records and set-aside the order dated 19.06.2024 passed in I.A.No.21 of 2024 in O.S.No.251 of 2018 on the file of the Senior Civil Judge Court, Kandukuru and direct the Senior Civil Judge, Kandukuru to appoint an Advocate Commissioner to record the cross-examination of the petitioner and pass such other or further reliefs…”

2. C.R.P.No.1924 of 2024 is filed claiming the following relief:

“…pleased to call for the records and set-aside the order dated 19.06.2024 passed in I.A.No.181 of 2024 in O.S.No.14 of 2022 on the file of the Senior Civil Judge Court, Kandukuru and direct the Senior Civil Judge, Kandukuru to appoint an Advocate Commissioner to record the cross-examination of the petitioner and pass such other or further reliefs...”

3. C.R.P.No.1925 of 2024 is filed claiming the following relief:

“…pleased to call for the records and set-aside the order dated 19.06.2024 passed in I.A.No.23 of 2024 in O.S.No.45 of 2019 on the file of the Senior Civil Judge Court, Kandukuru and direct the Senior Civil Judge, Kandukuru to appoint an Advocate Commissioner to record the cross-examination of the petitioner and pass such other or further reliefs...”

4. C.R.P.No.1926 of 2024 is filed claiming the following relief:

“…pleased to call for the records and set-aside the order dated 19.06.2024 passed in I.A.No.22 of 2024 in O.S.No.13 of 2022 on the file of the Senior Civil Judge Court, Kandukuru and direct the Senior Civil Judge Court, Kandukuru to appoint an Advocate Commissioner to record the cross-examination of the petitioner and pass such other or further reliefs...”

5. C.R.P.No.1927 of 2024 is filed claiming the following relief:

“…pleased to call for the records and set-aside the order dated 19.06.2024 passed in I.A.No.24 of 2024 in O.S.No.12 of 2022 on the file of the Senior Civil Judge Court, Kandukuru and direct the Senior Civil Judge Court, Kandukuru to appoint an Advocate Commissioner to record the cross examination of the petitioner and pass such other or further reliefs...”

6. Since the issue involved in all the Civil Revisions Petitions is one and the same, this Court deems it appropriate to dispose of all the Civil Revision Petitions by way of Common Order.

7. For the sake of convenience and to avoid ambiguity in the discussion, the facts in C.R.P.No.1923 of 2024 are taken into consideration.

8. The parties herein are referred as it is as arrayed in the Civil Revision Petitions.

9. The petitioner herein is the defendant and the Respondent herein is the plaintiff in the suit i.e. O.S.No.251 of 2018 on the file of the Senior Civil Judge Court, Kandukuru. The suit is filed for recovery of an amount of Rs.22,79,110/-

basing upon a promissory note allegedly had been executed by the petitioner.

10. The case of the petitioner herein is that the evidence of PW-1 is completed and the chief evidence of petitioner herein / DW-1 is also completed by way of filing a Chief Affidavit. Thereafter, the petitioner filed I.A.No.21 of 2024 in O.S.No.251 of 2018 on the file of the Court of the Civil Judge (Senior Division) at Kandukur seeking to appoint an Advocate Commissioner to record his cross-examination/evidence at his residence situated in Hyderabad, on the ground that the petitioner has been suffering from cardiac problem and doctors advised him to take rest for a period of three months.

11. Sri D.V. Sai Nath, learned counsel for the Respondent filed a counter affidavit on behalf of the Respondent contending inter alia that the present Civil Revision Petition is filed only to drag the suit proceedings, even though suit was filed in the year 2018 and also denied the grounds of the petitioner pertaining to health condition. He further asserts that after hearing the both the parties, the Court below rightly dismissed the I.A.No.21 of 2