Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE AT AMARAVATI 9\ PRESENT ifix fSpV! ilss- \W VIJAY a' o the honourable SRI JUSTICE NYAPATHY CIVIL REVISION PFTITIQn NO: S2Q OF 9non Petition under Section 115 of CPC, against the
order dated. 14.02.2020 passed in I.A.No.94 of 2019 in O.S No.66 of 2016 on the file of Civil Judge (Senior Division), Narsipatnam. Between: Balem Bhaskara Rao, S/o Swamynaidu, aged 47 Neeiampeta (V), Narsipatnam Mandal, Visakhapatnam District ...Petitioner/Petitioner/Defendant years. Business, R/o. AND Devada Govinda Rao, S/o. Late Ramamurthy, Hjleeampeta Village. Narsipatnam Mandal, Visakhapatnam aged 39 years, R/o. ...Respondent/Respondent/Plaintiff lA NO: 1 OF 2070 Petition under Section 151 CPC praying that in the circumstances stated ,n the affidavit filed in support of the petition, the High Court may be pleased stay all further proceedings in E.P. No. 25 of 2018 Civil (Senior Division) Judge, Narsipatnam. on the file of
Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM Counsel for the Respondents: SRI M. SIVA KUMAR The Court made the following:
APHC010120342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY niVIL REVISION PETITION NO: 829 OF 2020 Between; ...PETITIONER Balem Bhaskara Rao AND ...RESPONDENT Devada Govinda Rao Counsel for the Petitioner: 1.S.V.S.S.SIVARAM Counsel for the Respondent:
1.M SIVA KUMAR The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 829 OF 2020
ORDER: The Civil Revision Petition is filed questioning the
Order dated 14.02.2020 in I.A.No.94 of 2019 in O.S.No. 66 of 2016 passed by the Senior Civil Judge, Narsipatnam.
2. The Petitioner is the Defendant in the suit. The suit was filed for recovery of the money of Rs. 14,13,666/- on the strength of promissory note dated 13.08.2013 said to have been executed by the Petitioner herein in favour of the Respondent. As the Petitioner did not pay the amount due under the promissory note on demand by the Respondent/ Plaintiff, a suit in O.S.No.66 of 2016 was filed.
3. In the said suit, notice was served on the petitioner and the petitioner had engaged his counsel and filed Written Statement. Thereafter, in course of trial, the Petitioner did not cross examine the plaintiff’s witnesses and consequently the suit was decreed on 15.09.2017, after setting the petitioner , / exparte. Thereafter, the present application was filed seeking condone the delay of 234 days in filing the petition to set aside the exparte decree dated 15.09.2017 and to give an opportunity to him to contest the case. The Plaintiff opposed to allow the application. The trial Court after considering the legal
submissions dismissed the Interlocutory Application. Hence, the present C.R.P is filed.
4. Heard learned counsel for the petitioner and learned counsel for the respondent. Perused the record.
5. The reasons given by the petitioner in the affidavit was that his father fell sick and they were providing treatment outside of Narsipatnam and therefore, he could not contest the case. This reason is vague, as the time period, petitioner’s father was unwell was not specified in the affidavit. Apart from this vague statement, no other reason was given by the petitioner for his inability to contest the suit. was
6. Therefore, this Court has not find any merit in the C.R.P and same is liable to be dismissed.
7. Accordingly, the present Civil Revision Petition is, therefore dismissed. No order as to costs.
8. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR % SECTION OFFICER //TRUE COPY// To,
1. The Civil (Senior Division) Judge, Narsipatnam. (with records)
2. One CC to Sri. S.V.S.S.Siva Ram, Advocate [OPUC]
3. One CC to Sri. M Siva Kumar, Advocate [OPUC]
4. The Section Officer, V R Section, High Court of Andhra Pradesh at Amaravathi.
5. Three CD Copies PR sree
HIGH COURT DATED:23/01/2025
ORDER CRP.No.829 of 2020 andh^ \ 5 MAR 2P?^ Current section G 70 ;ac DISMISSING THE C.R.P.
WITHOUT COSTS