APHC010186372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 1878 OF 2025 Petition filed under Article 227 of the Constitution of India, against Orders dated 30.01.2025 passed in C.M.A.No.9 of 2024 on the file of the Court of Principal District Judge, Ananthapuramu by confirming the Orders dated 24.01.2024 passed in I.A.No.303 of 2022 in O.S.No.298 of 2005 on the file of the Court of Additional Senior Civil Judge at Ananthapuramu, Ananthapuramu District. Between: M.Lakshmi, W/o.Chandramouli, aged 56 years, R/o.Nadigal Village Tadimarri Mandal, Ananthapuramu District. ...Petitioner/Appellant/Defendant No.4 AND D.Ramanjineyulu, S/o.Venkata Naidu, aged R/o.D.No.12/3/21, Sai Nagar, Ananthapuramu District. 55 years. ...Respondent/Respondent/Plaintiff lA NO: 2 OF 2025 Petition filed 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 to grant stay all further proceedings in E.P.No.490 of 2015 including the execution of sale deed in E.P.No.490 of 2015 and other all further proceedings claiming of delivery of property pending disposal of this CRP. Counsel for the Petitioner: SRI N.ASWARTHA NARAYANA Counsel for the Respondent:-- The Court made the following Order: % APHC010186372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0: THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 1878 OF 2025 Between: 1. M. Lakshmi, W/o. Chandramouli, Aged 56 years, R/o. Nadigal Village Tadimarri Mandal, Ananthapuramu District. ...Petitioner AND 1. D Ramanjineyulu, , S/o. Venkata Naidu, Aged 55 years, R/o. D.No. 12/3/21, Sai Nagar, Ananthapuramu District ...Respondent Counsel for the Petitioner: N ASWARTHA NARAYANA Counsel for the Respondent The Court made the following ORAL ORDER: Heard Sri N. Aswartha Narayana, learned Counsel for the Petitioner. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Impugned Order passed by the learned Additional Civil Judge (Senior Division), Ananthapuramu in I.A.No.303 of 2022 in O.S.No.298 of 24.01.2024 and the Order dated 30.01.2025 passed by the 2005 dated learned Principal District Judge, Ananthapuramu in C.M.A.No.9 of 2024 (impugned herein). 2 3. The Suit bearing O.S.No.298 of 2005 has been filed by the sole Respondent herein on the file of Additional Civil Judge (Senior Division), Ananthapuramu for Specific Performance. Summons were issued to the Defendant (Petitioner herein) on 23.08.2005 and 07.12.2005. The Petitioner herein is the Defendant No.4 in the Suit. As the Petitioner herein did not enter appearance, the Trial Court has passed the exparte Decree on 19.02.2007. The Plaintiff/sole Respondent herein had filed E.P.No.490 of 2015 for execution of the Decree. Seven years after the E.P had been filed, the Petitioner herein has filed Interlocutory Application vide I.A.No.303 of 2002 seeking condition of delay of 5750 days and for setting aside the exparte Decree dated 19.02.2007. 4. It is stated that the summons in the Suit were not served on the Petitioner inasmuch as the Petitioner has left the Village. It is also stated that the substituted service was effected by making newspaper publication in the “Vaartha” newspaper under Order V Rule 9 of CPC, whereas the Petitioner being a housewife did not have the knowledge of newspaper publication as well. 5. This Court has perused the Affidavit filed in support of the Interlocutory Application vide I.A.No.303 of 2022, which is filed for condonation of delay. It is noticed that it is a single page Affidavit containing five paragraphs. The Petitioner has not made any attempt to reasonably explain the grounds of delay. Having considered the same, the learned Additional Civil Judge (Senior Division), Ananthapuramu was pleased to dismiss the I.A.No.303 of 2022 vide Order dated 24.01.2024. This Order has been challenged vide C.M.A.No.9 of 2024 on the file of Principal District Judge, Ananthapuramu. Vide Order dated 30.01.2025, the C.M.A.No.9 of 2024 is also dismissed confirming the Order of the learned Additional Civil Judge (Senior Division), Ananthapuramu in I.A.No.303 of 2022 in O.S.No.298 of 2005. 6. In the Order passed by the learned Additional Civil Judge (Senior Division), Ananthapuramu in IANo.303 of 2022 in O.S.No.298 of 2005, it has been noted that the Petitioner was not diligent during the pendency of the said Suit. It has further been noted that during the pendency of the Execution Petition also, the Petitioner was not diligent. The learned Additional Civil Judge (Senior Division), Ananthapuramu had noted in his Order that the Petitioner had knowledge of filing of the E.P in the year 2015 itself but had filed the Application for condonation of delay and also to set aside the Decree only in the year 2022. A finding has been recorded that this exparte conduct on the part of the Petitioner would indicate that even after the gaining of knowledge about the passing of the exparte Decree in the year 2015, the Petitioner has not taken any steps to get the exparte Decree set aside for about seven years. Having recorded the same, the I.A.No.303 of 2022 to be dismissed, declining to condone the delay of 5750 days. came 7. This Court has perused the Order passed by the learned Trial Judge as well as the Order passed by the learned Principal District Judge, Ananthapuramu in C.M.A.No.9 of 2024 dated 30.01.2025. This Court is satisfied with the reasons rendered therein for not entertaining the I.A.No.303 of 2022 as well as C.M.A.No.9 of 2024. This Court is of the opinion that there is no merit in the present Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed. No Order as to Costs. 8. Interlocutory Applications, if any, stand closed in terms of this order, Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR \ SECTI^^^FICER //TRUE COPY// To 1. The Principal District Judge, Ananthapuramu, Ananthapuramu District. 2. The Additional Civil Judge (Senior Division), Ananthapuramu Ananthapuramu District. 3. One CC to Sri N.Aswartha Narayana, Advocate [OPUC] 4. Two CD Copies BSV vna HIGH COURT DATED:31/07/2025 ORDER CRP NO. 1878 OF 2025 0 3 SEP 2025 rentSectioB,^^ o Co il DISMISSING THE CIVIL REVISION PETITIOIN WITHOUT COSTS