Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION No: 669 of 2025 and 1063 of 2025 CIVIL REVISION PETITION No: 669 of 2025 APHC010131242025 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 to present this Memorandum of Civil Revision Petition to this Hon'ble Court against the order and decree passed in I.A.No.557/2024 in O.S.No.713 of 2016 dated 21.01.2025 Chittoor, Chittoor District. Between; B. Eswari, W/o P.Surendranath, D/o.B.Venkataswamy Naidu, Aged about 37 years, Occ; Housewife, R/o.Chukkavaripalle Village, Gudipala Mandal, Chittoor District on the file of Principal Civil Judge (Jr. Div) 189 Kothapalle Post, ...PETITIONER/ 1®^ RESPONDENT/ PLAINTIFF
r AND
1. P Surendranath, S/o.P.Subramanyam Naidu, Aged about 49 years Retired Employee form Army Residing at Konapalle Village, Pariyambadi Post, Yadamari Mandal Chittoor District. ...RESPONDENT/ PETITIONER / DEFENDANT
2. The Records Officer, Madras Regiment @ Centre Willingtor, Ooty C/o 56 APO ...RESPONDENTS/ DEFENDANT lA NO: 1 OF 2025 praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to Suspend the order and decree passed in I.A.No.557 of 2024 in O.S.No.713 of 2016 dated 21.01.2025 on the file of Principal Civil Judge (Jr.Div), Chittoor, Chittoor District pending CRP in this Hon’ble Court Counsel for the Petitioner : SRI S.LAKSHMINARAYANA REDDY Counsel for the Respondent No.1: M/s C.JHANSI RANI CIVIL REVISION PETITION NO: 1063 OF 2025 APHC010133922025 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 to Memorandum of Civil Revision Petition to this Hon'ble Court
r against order and IANo.556/2024 in O.S.No 713 of 2016 dated 21.01.2025 on the Principal Civil Judge (Jr. Div), Chittoor, Chittoor District Between: B. Eswari, W/o. P.Surendranath, D/o.B.Venkatasviamy Naidu, Aged about 37 years, Occ;Housewife, R/o.Chukkavaripalle Village, 189 Kothapalle Post, Gudipala Mandal. Chittoor District
1. ...PETITIONER/ RESPONDENT/ PLAINTIFF AND
1. P Surendranath, S/o.P.Subramanyam Naidu, Aged about 49 years. Retired Employee form Army, Residing at Konapalle Village, Pariyambadi Post, Yadamari Mandal, Chittoor District. ...RESPONDENT/ PETITIONER / DEFENDANT
2. The Records Officer, Madras Regiment @ Centre Willingtor, Ooty APO.
C/o 56 ...RESPONDENTS/2''° DEFENDANT Counsel for the Petitioner : SRI S.LAKSHMINARAYANA REDDY Counsel for the Respondent No.1: M/S C.JHANSI RANI The Court made the following COMMON ORDER ;
APHC010131242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IP [3239] I ■ FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 669/2025 Between:
1.B. ESWARI, W/O.P.SURENDRANATH, D/O.B.VENKATASWAMY NAIDU, AGED ABOUT 37 YEARS, OCC HOUSEWIFE, R/O.CHUKKAVARIPALLE VILLAGE 189 KOTHAPALLE POST, GUDIPALA MANDAL CHITTOOR DISTRICT ...PETITIONER AND 1.P SURENDRANATH, S/O.P.SUBRAMANYAM NAIDU, AGED ABOUT 49 YEARS RETIRED EMPLOYEE FORM ARMY RESIDING AT KONAPALLE VILLAGE, PARIYAMBADI POST, YADAMARI MANDAL CHITTOOR DISTRICT. 2.THE RECORDS OFFICER, MADRAS REGIMENT @ CENTRE WILLINGTOR OOTY C/0 56 APO ...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 toMemorandum of Civil Revision Petition to this Hon'ble Court against
order and decree passed in O.S.No.713 of 2016 dt.21.01.2025 on the file of Principal Civil Judge (Jr. Div), Chittoor, Chittoor District, I.A.No.557/2024 in
2 lA 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 be pleased pleased to suspend the order and decree I.A.No.557 of 2024 in O.S.No.713 of 2016 dt.21.01.2025 on the file of Principal Civil Judge (Jr.Div), Chittoor, Chittoor District pending CRP in this Hon’ble Court Counsel for the Petitioner:
1.S LAKSHM INARAYANA REDDY Counsel for the Respondent(S):
1.C JHANSI RANI may passed in The Court made the following:
3 APHC010133922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1063/2025 Between:
1.B. ESWARI, W/O.P.SURENDRANATH, DIO.B.VENKATASVIAMY NAIDU. KOED ABOUT 37 YEARS, OCC.HOUSEWIFE, RIO.CHUKKAVARIPALLE 1T.19 KOTHAPALLE POST, GUDIPALA MANDAL. CHITTOOR DISTRICT ...PETITIONER AND AGED 1.P SURENDRANATH, S/O.P.SUBRAMANYAM NAIDU ABOUT 49 YEARS RETIRED EMPLOYEE FORM ARMY.
RESIDING AT KONAPALLE VILLAGE, PARIYAMBADI POST, YADAMARI MANDAL, CHITTOORDISTRICT.
2.THE RECORDS OFFICER, MADRAS REGIMENT @ CENTRE WITTINGTOR. OOTY C/0 56 APO. ...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 toMemorandum of Civil Revision Petition to this Hon'ble Court against
order and I.A.No.556/2024 in O.S.No.713 of 2016
4 dt.21.012075 on the Principal Civil Judge (Jr. Div), Chittoor, Chittoor District Counsel for the Petitioner:
1.S LAKSHMINARAYANA REDDY Counsel for the Respondent(S):
1.C JHANSI RANI The Court made the following:
HON'BLE SRI JUSTICE K.SURESH REDDY CIVIL REVISION PETITION Nos. 669 of 2025 and 1063 of 2025 COMMON ORDER: As both these Civil Revision Petitions are connected to each other, they are being disposed off by way of this common order. 2. These Civil Revision Petitions, under Article 227 of the Constitution of India, are filed by the petitioner-plaintiff aggrieved by the orders dated 21.1.2025 in I.A.Nos. 556 of 2025 and 557 of 2025 in O.S.No. 713 of 2016 passed by the learned Principal Civil Judge (Junior Division), Chittoor (for short, 'the trial Court’). 3. The petitioner-plaintiff filed O.S.No. 713 of 2016 on the file of the trial Court against the respondent No. 1-defendant- husband claiming maintenance @ Rs.20,000/- per month. The respondent No. 1-defendant No.1 contested the suit by filing written statement. After completion of trial and when the suit is coming up for arguments, defendant No.1 filed I.A.No.556 of 2024 and I.A.No.557 of 2024 under Order XVIII Rule 17 and Section 151 CPC to reopen the suit and to recall P.W.1 for the purpose of further cross-examination pertaining to documents i.e.
EXS.B3 to B5. 2
4. Learned counsel for the petitioner/plaintiff contends that the above Interlocutory Applications are filed by the respondent No. 1/defendant No.1 before the trial Court only to drag on the matter. It is contended that the documents sought to be relied were already on record filed by the respondent No. 1/defendant No.1 and in fact, they were also marked as Exs.B3 to B5. As such, there is no need to reopen and recall P.W.1 and prayed to allow both the Civil Revision Petitions. 5. It is the contention of the learned counsel for the respondent No.1 that though the documents, marked as Exs.B3 to B5, now sought to be confronted with P.W.1 by recalling and cross-examining her, they were not available earlier when the respondent No.1 cross-examined P.W.1. Therefore, it necessitated to move the above two Interlocutory Applications before the trial Court and that the learned trial Court rightly allowed both the applications, which require no interference in these Revision Petitions and prayed to dismiss them. 6. Heard both sides and perused the material on record. 7.
It is not in dispute that the petitioner herein filed the suit way back in the year 2016 seeking maintenance from the respondent No.1 herein with whom her marriage was performed on 12.5.2013, but dissolved by the order of granting divorce by the Principal Senior Civil Judge Court, Chittoor in H.M.O.P.No.19 of 2016 on 10.3.2020. Thus, the suit is pending for the last nine (9) years, it is also evident from the
3 record that previously the respondent No.1 herein filed I.A.No.220 of 2023 to summon the witness and thus delayed the matter by one year. Now, the suit is coming up for arguments and in fact, the petitioner herein/ plaintiff in the suit said to have completed her side arguments. At that stage, instead of advancing arguments by the respondent No.i herein in the suit, filed two (2) applications vide I.A.Nos.556 and 557 of 2024 under Order XVIII Rule 17 CPC for reopening of the suit and to recall P.W.1 for further cross-examination by alleging that the documents, marked as Exs.BS to B5 through him, have to be confronted with P.W.1. 8. When the documents were already exhibited and marked through the respondent No.1 herein, who is the defendant in the suit, during his evidence and the petitioner/plaintiff has already cross- examined him and denied the truthfulness of the said documents, no useful purpose would be served in recalling P.W.1 to confront her once again with the said documents. Thus, now reopening the. suit at this length of time, when it is coming up for arguments on behalf of respondent No.1/defendant No.1 after closure of the petitioner/plaintiff’s side arguments, it would result in further delay in disposal of the suit which is already nine (9) years old. H . 4
9. In view of the above facts and circumstances, this Court is of the view that the learned trial Court is not correct in allowing both the I.A.Nos.556 and 557 of 2024. 10.
Accordingly, both the Civil Revision Petitions are allowed setting aside the orders passed by the trial Court in I.A.Nos.556 and 557 of 2024 in O.S.No.713 of 2016, dated 21.1.2025. Both the parties are
directed to proceed with the arguments and the trial Court is directed to dispose of the suit in accordance with law. Pending miscellaneous applications, if any, shall stand dismissed in consequence.
SD/- K.TATA RAO DEPUTY REGISTTIAR //TRUE COPY// SECTON OFFICER To,
1. The Principal Civil Judge (Junior Division), Chittoor, Chittoor District
2. pne CC to SRI S. LAKSHMINARAYANA REDDY, Advocate [OPUC]
3. OneCC to M/s C.JHANSI RANI, Advocate [OPUC]
4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi
5. Three CD Copies MV TAC
HIGH COURT DATED:01/08/2025 COMMON ORDER CRP NO. 669 & 1063 OF 2025 ^18 AUG 2025 )1; NftwentSectwiixV §>» ALLOWING THE CRP’s