APHC010198612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 1278/2025 Between: 1. VUJJADA APPARAO, S/O. LATE SURYANARAYANA, AGED ABOUT 75 YEARS, R/O.D.NO. 9-52, OPP.SIVALAYAM, OLD ADIVIVARAM, CHINA GADILI MANDAL, VISAKHAPATNAM. ...PETITIONER AND 1. BANTUPILLI JANAKI, W/o.Suryanarayana, Age 65 years, R/o.D.No. 9- 50, Opp.Sivalayam, Old Adivivaram, China Gadili Mandal, Visakhapatnam. ...RESPONDENT 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 tomay be urged at the time of hearing, the Revision Petitioner humbly prays that this Hon'ble Court may be pleased to allow the C.R.P. by setting aside the Order in I.A.No. 2560/2023 in unnumbered A.S., date 11-07- 2024 passed by the Principal District Judge, Visakhapatnam and pass such 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 may be pleased to condone the delay of 172 days in filing C.R.P. challenging the orders passed by the Principal District Judge, Visakhapatnam in I.A.No. 2560/2023 in A.S.No. /2023, dated 11-07-2024 and pass such 2 RRR,J C.R.P.No.1278 of 2025 IA NO: 2 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 may be pleased to pass stay order of all further proceedings in E.P. No. 202/2024 in O.S.No. 1142/2016 on the file of the court of the II Addl. Civil Judge (Senior Division) (II Addl. Senior Civil Judge) Visakhapatnam pending disposal of the main C.R.P. and pass such Counsel for the Petitioner: 1. S V R SUBRAHMANYAM Counsel for the Respondent: 1. SIVAPRASAD REDDY VENATI 3 RRR,J C.R.P.No.1278 of 2025 The Court made the following Order: The petitioner had suffered a judgment and decree, dated 11.08.2023, in O.S.No.1142 of 2016 on the file of the learned II Additional Senior Civil Judge, Visakhapatnam. Aggrieved by the same, the petitioner filed an Appeal before the learned Principal District Judge, Visakhapatnam. However, the Appeal came to be filed with a delay of five (05) days. The petitioner filed I.A.No.2560 of 2023, in the said Appeal, under Section 5 of the Limitation Act, for condonation of delay of five (05) days. The learned Principal District Judge, Visakhapatnam, dismissed the said application, by an Order, dated 11.07.2024. The docket order, dismissing the application, stated that, there was no representation, despite conditional order and no submissions were made and consequently, the application was being dismissed for default. 2. Aggrieved by the said Order, the petitioner has approached this Court, by way of the present Civil Revision Petition. 3. Heard Sri S. V. R. Subrahmanyam, learned counsel for the petitioner and Sri Siva Prasad Reddy Venati, learned counsel appearing for the respondent. 4. Sri S. V. R. Subrahmanyam, learned counsel for the petitioner would submit that, the learned counsel appearing for the petitioner before the Appellate Court, had passed away and consequently, the petitioner had not been represented before the Appellate Court. He would also submit that, it would only be appropriate and in the interest of justice that the said Order is 4 RRR,J C.R.P.No.1278 of 2025 set aside and the petitioner is permitted to adjudicate his rights, in I.A.No.2560 of 2023. 5. Sri Siva Prasad Reddy Venati, learned counsel appearing for the respondent would submit that, the petitioner very well has made alternative arrangements on account of the demise of his learned counsel and the said ground did not justify for explaining the non appearance of the petitioner before the Appellate Court. 6. In view of the fact that the learned counsel for the petitioner had passed away, this Court is of the opinion that just cause is made out to explain the non appearance of the petitioner and the non-prosecution of the application. 7. Accordingly, this Civil Revision Petition is allowed, setting aside the Order of the learned Principal District Judge, Visakhapatnam, dated 11.07.2024, in I.A.No.2560 of 2023, in un-numbered Appeal of 2023. 8. It may also be noted that, I.A.No.2560 of 2023, would have to be reconsidered by the learned Principal District Judge, Visakhapatnam, on merits and after hearing both sides. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J Date:12.09.2025 KPV 5 RRR,J C.R.P.No.1278 of 2025 495 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION No:1278 of 2025 12.09.2025 KPV