THE HONOURABLE SRI JUSTI CE P.SAM KOSHY CI VI L REVI SI ON PETI TI ON No.1673 of 2025

ORDER:

Heard Mr. Sathakarni K, learned counsel for the petitioners /

defendant Nos.1 and 2, and Mr. Syed Ghouse Basha, learned Senior Counsel for the respondent / plaintiff.

2. The instant Civil Revision Petition has been filed by the petitioners / defendant Nos.1 and 2 under Article 227 of the Constitution of India challenging the order dated 21.04.2025, in O.S.No.947 of 2015, passed by the XI Additional Chief Judge, City Civil Court, Hyderabad.

3. Vide the impugned order, the Trial Court had closed the right of the petitioners / defendant Nos.1 and 2 to lead evidence and posted the case for Judgment.

4. Learned counsel for the petitioners / defendant Nos.1 and 2 submits that one of the reasons why the petitioners / defendant Nos.1 and 2 were not making themselves available for recording of the evidence was that there was an application already filed by them for initiating proceedings against the respondent / plaintiff for an act of perjury and the said application was pending. Therefore, in the light of the said application being pending, it would not had been proper for the petitioners /

defendant Nos.1 and 2 to enter appearance before the Trial Court to lead evidence.

5. Learned Senior Counsel for the respondent / plaintiff; on the other hand, contended that it was a case where ample opportunity was granted to the petitioners / defendant Nos.1 and 2 to appear and record their evidence, but the petitioners / defendant Nos.1 and 2 have been evading appearance and are trying to protract the matter without any justifiable cause and reasons in spite of the fact that the Original Suit is more than

10 years old.

6. Today when the matter was taken up for hearing, on a query being put to the learned counsel for the petitioners / defendant Nos.1 and 2, as to whether in the event if this Court grants one more opportunity to the petitioners / defendant Nos.1 and 2 to make available their witnesses before the Trial Court, the learned counsel readily accepted the same.

7. In view of the same, without further delving into the merits of the case, the order passed by the Trial Court so far as closing the evidence of available along with their witnesses on the next date of hearing before the Trial Court which is fixed on 29.08.2025. The respondent / plaintiff shall also be prepared to cross-examine the petitioners / defendant Nos.1 and

2 and their witnesses on the said date. The Trial Court shall, thereafter, proceed with the Original Suit on its own merits in accordance with law. It is made clear that, in the event if the petitioners / defendant Nos.1 and 2 do not appear to lead their evidence on the next date of hearing before the Trial Court, the order passed by this Court today would automatically lose its effect.

8. With these observations, the Civil Revision Petition stands allowed.

9. As a sequel, miscellaneous petitions pending if any, shall stand closed. However, there shall be no order as to costs.

_____________ P.SAM KOSHY, J Date: 22.08.2025 GSD