r APHC010286252025 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI PT o Pi o m. FRIDAY, THE EIGHTEENTH DAY OF JULY^^^J^ TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE RAVI NATH TILHARI gyiL REVISION PETITION NO: 1440 nr onoi: Petition filed under Article 227 of the Constitution the circumstances stated i of India, praying that in in the grounds filed herein, the High Court may be 06-05-2025 under G.L.No.1148 dated pleased to SET ASIDE the Order dated 07-03-2025 passed in O.S.No Judge, Vijayawada by directing the Trial proceed with the hearing and trial of the accordance with law. of 2025 on the file of II Additional District Court to register the plaint and case and dispose of the same in Between: 1. Gummadi Usha Rani, W/o.Janardhana R/o.Flat No.203, D.No.48-13-20, Nagar, Gunadala, Vijayawada, N.T.R. 2. Gutta Sunitha, W/o.Sreedhar, aged about 53 Vyakaranam Street Bose, aged about 70 Swarna Enclave, Sri Ramachandra years (Krishna) District. years, R/o.D.No.23-11-82, C/o.Rama Oil Mill, Satyanarayanapuram, Vijayawada, N.T.R. (Krishna) District. Near Sivaji Cafe, ...Revision Petitioners (Plaintiffs) AND . 1. Guduru Venkateswara Rao, S/o.Suryanarayana, Major, R/o.D.No.76-8- 20, Bhavanipuram, Vijayawada-12, N.T.R. (Krishna) District. 2. Vallabhaneni Madhavi, W/o.Satyanarayana, Major, R/o.Bhavanipuram, Vijayawada-12, N.T.R. (Krishna) District. 3. Majeti Varalakshmi, W/o.Veera Venkata Satyanarayana, aged about 67 years, R/o.Near Bus Stand, Kovvuru, West Godavari District. 4. Koneru Venkata Rama Rao, S/o.Mallaiah, Major Village, Kankipadu Mandal, Krishna District. 5. Gavini Latha, W/o.Dharma Reddy, Major, R/o.D.No. 11-64-25 Mohiddin Street, Kothapet, Vijayawada-1, N.T.R. (Krishna) District. 6. Syamala Sidda Reddy, S/o.Appi Reddy, Major, R/o.D.No.1-4/7/1 Andaman Brahmaiah Street, Vidyadharapuram, Vijayawada (Krishna) District. R/o.Godavarru Gulam N.T.R. 7. Gogula Damayanthi, W/o.Srirama Murthy, Major, R/o.Gupta Center, Vidyadharapuram, Vijayawada, N.T.R. (Krishna) District. 8. Dukki Lima Maheswarlu, S/o.Kotaiah, Major, R/o.Flat No.1 Ground Floor, Sreeja Towers, Usha Mullapudi Road, Kukatpalli, Hyderabad, Telangana State. 9. Kalaga Ravichandra, S/o.Late Subramanya Sastri, Major, R/o.D.No.75- 9-1, Telegraph Office Road, Bhavanipuram, Vijayawada, N.T.R. (Krishna) District. 10. Nakka Surya Bhavani, W/o.Suryachandra Rao, Major, R/o.4 Rajendra Nagar, Gudivada, Krishna District. ll.Pydi Ramajogi, S/o.Late Ramaswamy, Major, R/o.Flat No.303, Navya Classic, Vanamthopu, Nellore, S.P.S.R. Nellore District. 12. Sure Mallikarjuna Rao, S/o.Eswaraiah, Major, Bhavanipuram, Vijayawada, N.T.R. (Krishna) District. 13. Sure Ankaratnam, W/o.Mallikarjuna Rao, Major, Bhavanipuram, Vijayawada, N.T.R. (Krishna) District. Line, R/o.D.No.76-8-32 R/o.D.No.76-8-32, ...Respondents (Defendants) Counsel for the Petitioners: Sri A Syam Sundar Reddy Counsel for the Respondents: -- The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 1440/2025 ORDER: On 04.07.2025, the following order was passed; “This Civil Revision Petition has been filed under Article 227 of the Constitution of India, challenging the order dated 06.05.2025 passed by the II Additional District Judge, Vijaya wada, in G.L.No.1148, dated 07.03.2025. 2. Prima facie, the impugned order records that ‘accor dingly, the plaint is rejected. ’ It is a settled position that rejec tion of a plaint amounts to a decree within the meaning of Section 2(2) of the Code of Civil Procedure, 1908, and Is therefore appealable under Section 96 CPC. In light of this, Sri A.Syam Sundar Reddy, learned counsel for the petitioners seeks time to address the Court on the issue of maintainability of the present petition under Article 227 of the Constitution of India, in view of the remedy of ap peal being available under the CPC. 3. 4. Post the matter on 18.07.2025. Today, Sri A.Syam Sundar Reddy, learned counsel for the petitioners, submits that this Civil Revision Petition may be dismissed as withdrawn granting liberty to the petitioners to avail the statutory remedy of appeal. A memo to that effect has 2. already been filed. 3. Granting liberty as aforesaid, the Civil Revision Petition is dismissed as withdrawn. No order as to costs. On an application being moved before the Registrar Judicial, the certified copies filed along with the Civil Revision 4. 2 Petition shall be returned to the learned counsel for the petitioners, following the procedure. 5. As a sequel thereto, interlocutory applications, if any pending, shall also stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// 'V SE OFFICER To, 1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati. 2. The II Additional District Judge, Vijayawada, Krishna District. 3. One CC to Sri A Syam Sundar Reddy, Advocate [OPUC] 4. The Section Officer, CRP Section, High Court of Andhra Pradesh at Amaravati. 5. The Section Officer, New Filing Section, High Court of Andhra Pradesh at Amaravati. 6. Two CD Copies BSV sree HIGH COURT DATED: 18/07/2025 ORDER CRP NO. 1440 OF 2025 ^ 2 8 JUL 2025 jg DISMISSING THE CIVIL REVISION PETITION AS WITHDRAWN WITHOUT COSTS