APHC010124242025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: Between: 1. VEMULAPALLI VEERA VENKATA SATYANARAYANA, S/O. VENKATA RAO, AGED 58 YEARS, R/O. D. NO. 1 DWARAKA TIRUMALA MANDAL, ELURU DISTRICT. 1. TATINI VENKATA KRISHNA RAO, S/O. SSTYANARAYANA AGED YEARS, R/O. MORTHA VILLAGE UNDRAJAVARAM MANDAL, WEST GODAVARI DISTRICT. 2. SETTIPALLI SASIREKHA, W/O. LATE KOTESWARA RAO AGED 70 YEARS, R/O. TD. NO. 27 BUILDING, TANUKU, TANUKU MANDAL, WEST GODAVARI DISTRICT. Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toPleased to set aside the Order and decree dated 30.12.2024 passed in I.A.No. 1 of 2024 in A.T.C. No. 6 of 2018 on the file of Principal Civil Judge (Junior Division) allow the I.A.No. 1 of 2024 in A.T.C. No. 6 of 2018 on the file of Principal Civil Judge (Junior Division)- cum interest of justice and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 956/2025 VEMULAPALLI VEERA VENKATA SATYANARAYANA, S/O. VENKATA RAO, AGED 58 YEARS, R/O. D. NO. 1-51 TIRUMALAPALEM, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT. ...PETITIONER AND TATINI VENKATA KRISHNA RAO, S/O. SSTYANARAYANA AGED YEARS, R/O. MORTHA VILLAGE UNDRAJAVARAM MANDAL, WEST GODAVARI DISTRICT. SETTIPALLI SASIREKHA, W/O. LATE KOTESWARA RAO AGED 70 YEARS, R/O. TD. NO. 27-16-4, CHIMUTURI VARI STREET SAIRAM BUILDING, TANUKU, TANUKU MANDAL, WEST GODAVARI ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toPleased to set aside the Order and decree dated 30.12.2024 f 2024 in A.T.C. No. 6 of 2018 on the file of Principal Civil Judge (Junior Division)-cum-Judic ial Magistrateof I Class, Tanuku and allow the I.A.No. 1 of 2024 in A.T.C. No. 6 of 2018 on the file of Principal Civil cum-Judicial Magistrate of I Class, Tanuku in the interest of justice and pass IN THE HIGH COURT OF ANDHRA PRADESH [3239] THE HONOURABLE SRI JUSTICE K SURESH REDDY VEMULAPALLI VEERA VENKATA SATYANARAYANA, S/O. VENKATA 51 TIRUMALAPALEM, ...PETITIONER TATINI VENKATA KRISHNA RAO, S/O. SSTYANARAYANA AGED 68 YEARS, R/O. MORTHA VILLAGE UNDRAJAVARAM MANDAL, WEST SETTIPALLI SASIREKHA, W/O. LATE KOTESWARA RAO AGED 70 4, CHIMUTURI VARI STREET SAIRAM BUILDING, TANUKU, TANUKU MANDAL, WEST GODAVARI ..RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toPleased to set aside the Order and decree dated 30.12.2024 f 2024 in A.T.C. No. 6 of 2018 on the file of Principal Judic ial Magistrateof I Class, Tanuku and allow the I.A.No. 1 of 2024 in A.T.C. No. 6 of 2018 on the file of Principal Civil l Magistrate of I Class, Tanuku in the IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Stay all further proceedings in A.T.C. No. 6 of 2018 on the file of the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of I Class, Tanuku pending disposal of the above civil revision petition in the interest of justice and a pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. SAI GANGADHAR CHAMARTY 2. The Court made the following ORDER: Questioning the order dt. 30.12.2024 passed in I.A.No.1/2024 in A.T.C.No.6/2018 by the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, whereby and whereunder the petition filed seeking to set aside the ex parte order dt. 05.11.2020 by receiving the counter in the main petition was dismissed, the present Civil Revision Petition is filed. 2. Though notice was served on 1st respondent, who is the petitioner in the above A.T.C., he did not enter his appearance. 3. The reason assigned by the petitioner in the present C.R.P. was that he moved to Tirumalapalem village from Mortha village. Further, he could not meet his counsel due to COVID-19 Pandemic. As such, he could not file the counter. 4. Be that as it may, without going into the rival contentions of either side, to provide a fair opportunity, the petitioner can be permitted to file his counter in the interests of justice. Accordingly, this Civil Revision Petition is allowed setting aside the order dt. 30.12.2024 passed by the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, in I.A.No.1/2024 in A.T.C.No.6/2018, by setting aside the ex parte order dt. 05.11.2020, and the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, is directed to proceed with A.T.C. No.6/2018 in accordance with law, after receiving the counter from the petitioner herein / 1st respondent in A.T.C. No.6/2018. Accordingly, this Civil Revision Petition is allowed at the admission stage. As a sequel, interlocutory applications pending, if any, shall also stand closed. __________________ K SURESH REDDY, J Date: 11.07.2025 MVA