i - APHC010293712025 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 B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1373 OF 209.*^ Petition under Article 227 of the Constitution of India, aggrieved by the order dated 07.05.2025 passed in lA. No. 199 of 2025 in OS. No. 320 of 2017 on the file of Court of the Principal Civil Judge (Junior Division) Magistrate of First Class, Chittoor. cum Judicial Between: K. Subramanyam Reddy, S/o K.Venkat Reddy, aged about 67 years, R/o. Lakshmi Narayanapuram, Bukkapatnam Village, Mandal, Chittoor District G.D.Nellore ...Petitioner/Petitioner/Plaintiff AND 1. K.Kesavulu Reddy, S/o Late K.Kattamma Reddy, aged about 70 R/o. Lakshmi Narayanapuram, Mandal, Chittoor District. 2. K.Kamalamma, W/o K.Kesavulu Reddy, aged about 65 years, R/o Lakshmi Narayanapuram, Bukkapatnam Village, G.D.Nellore Mandal, Chittoor District. 3. K.Madhava Reddy, S/o K.Kesavulu Reddy, aged about 40 years, R/o Lakshmi Narayanapuram, Bukkapatnam Village, G.D.Nellore Mandal, Chittoor District years, Bukkapatnam Village, G.D.Nellore 4 4. K.Yuvaraj Reddy, S/o K.Kesavulu Reddy, aged about 35 years, R/o Lakshmi Narayanapuram, Bukkapatnam Village, G.D.Nellore Mandal, Chittoor District K.Yugendhar Reddy, S/o K.Kesavulu Reddy, aged about 32 years, R/o Lakshmi Narayanapuram, Bukkapatnam Village, G.D.Nellore Mandal, Chittoor District K.Mohan Reddy, S/o K.Kesavulu Reddy aged about 31 years, R/o Lakshmi Narayanapuram, Bukkapatnam Village, G.D.Nellore Mandal, Chittoor District 5. / 6. ...Respondents/Respondents/Defendants 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 may be pleased to grant interim stay of all further proceedings in OS. No. 320 of 2017 on the file of Court of Principal Civil Judge (Junior Division) cum Judicial Magistrate of First Class, Chittoor, pending disposal of C.R.P.No. 1373 of 2025. Counsel for the Petitioner: Sri N.Ranga Reddy Counsel for the Respondents: Sri G.Sekhar Reddy The Court made the following Order: % APHC010293712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ [3233] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1373/2025 / THE Between: 1.K. SUBRAMANYAM REDDY, S/0 K.VENKAT REDDY 67 YEARS, R/0 LAKSHMI VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT AGED ABOUT NARAYANAPURAM, BUKKAPATNAM ...PETITIONER AND 1.K KESAVULU REDDY, S/0 LATE K.KATTAMMA ABOUT 70 YEARS BUKKAPATNAM VILLAGE, G.D.NELLORE MANDAL DISTRICT REDDY, AGED R/0 LAKSHMI NARAYANAPURAM CHITTOOR 2.K KAMALAMMA, W/0 K.KESAVULU REDDY YEARS AGED ABOUT 65 R/0 LAKSHMI NARAYANAPUFRAM, VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT BUKKAPATNAM 3.K MADHAVA REDDY, S/0 K.KESAVULU REDDY. AGED ABOUT 40 YEARS, R/0 LAKSHMI NARAYANAPUF^AM VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT 4.K YUVARAJ REDDY, S/0 K.KESAVULU REDDY YEARS, R/0 LAKSHMI NARAYANAPUF^AM, VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT 5.K YUGENDHAR REDDY, S/0 K.KESAVULU REDDY, AGED ABOUT 32 YEARS, R/0 LAKSHMI NARAYANAPURAM, VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT BUKKAPATNAM AGED ABOUT 35 BUKKAPATNAM BUKKAPATNAM 4 2 HBKM.J C.R.P.No.1373 of 2025 6.K MOHAN REDDY, S/O K.KESAVULU REDDY AGED ABOUT 31 YEARS, R/0 LAKSHMI NARAYANAPURAM, VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT BUKKAPATNAM ...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 tomay be pleased to set aside the Order dated 7.5.2025 passed in LA.No. 199 of 2025 in O.S.No. 320 of 2017 on the file of Court of the Principal Civil Judge (Junior Division) cum Judicial Magistrate of First Class, Chittoor, by allowing the said I A No. 199 of 2025, as prayed for, in the interests of justice and pass such 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 may be pleased may be pleased to grant interim stay of all further proceedings in suit O S No. 320 of 2017 on the file of Court of Principal Civil Judge (Junior Division) Judicial Magistrate of First Class, Chittoor, pending disposal of C.R.P.No of 2025 and pass such Counsel for the Petitioner: 1.N RANGA REDDY Counsel for the Respondent(S): 1.G SEKHAR REDDY cum 3 HBKM.J C.R.P.No. 1373 of 2025 X^e Court made the following QRDFR- Heard the learned counsel for the counsel for the respondents. petitioner and the learned 2. This revision is filed against the order in I.A.No.199 of 2025 in O.S.No.320 of 2017 Division)-cum-Judicial Magistrate of First 07.05.2025, dismissing the petition eschewing the evidence of P.W.2, dated 27.12.2024. on the file of Principal Civil Judge (Junior Class, Chittoor, dated to sel-aside the order of 3. The petitioner herein is the petitioner in the above said I.A and the plaintiff in the suit. The respondents herein respondents in the above said I.A. and the defendants in the suit. are the 4. It appears that during the course of trial, the chief affidavit of P.W.2 was filed on 11.09.2024 and when the matter was posted for cross examination of the P.W.2, though there adjournments, he did not and his evidence were number of appear and as such he was called absent was eschewed. Accordingly, it appears that the plaintiffs evidence was closed and the matter was posted for defendants’ side evidence, by the trial Court At that stage, the plaintiff filed an application to re-open the evidence of plaintiff and it was allowed. The plaintiff examined the P.W.3. observation of the trial Court that But, it is the the plaintiff did not file simultaneous application to set-aside the eschewing order passed 4 HBKM,. C.R.P.No.1373of202b against the P.W.2, if the P.W.2’s evidence is to be recorded. Subsequently, the above said application was filed seeking to set- aside the order of eschewing evidence of the P.W.2, dated 27.12.2024 by the plaintiff before the Court below. Observing the above said reasons, the trial Court dismissed the petition. Now that, both the learned counsels submit that the plaintiff examined the P.W.3 and the matter is posted for defendants’ side evidence, which is not commenced yet. 5. 6. The learned counsel appearing for the petitioner/plaintiff seeks indulgence of this Court for providing only one opportunity to examine the P.W.2. Since it is at the stage of trial and the defendants’ side evidence is also not begun so far, it is just and proper to give one opportunity finally for the P.W.2 to appear before the Court below along with the chief affidavit, for the purpose of cross examination and recording of the evidence of P.W.2 duly in accordance with law. But, the same shall be subject to payment of costs of Rs.12,000/- (Rupees Twelve Thousand only), payable to the six defendants, each Rs.2,000/- (Rupees Two Thousand only), within a period of two (2) weeks from the date of receipt of this order. The proof of payment of the said costs of Rs. 12,000/- shall be placed before the trial Court in the above said suit. On satisfaction of the same, the trial Court 7. V 5 HBKM.J C.R.P No. 1373 of 2025 shall permit the P.W.2 adducing evidence by I P.W.2’s to come on record for the purpose of giving one opportunily. fixing the date of cross examination in the presence of both the learned counsels appearing for the plaintiff and the defe said purpose. On the ndants, for the above as taken by the plaintiffs cross examination of P.W.2 shall agreeable date counsel, strictly adhering to it, the be held. 8. Accordingly, the Civil Revision costs, by setting aside the order O.S.No.320 of 2017 Division)-cum-Judicial Magistrate 07.05.2025. Petition is disposed of, with A.No. 199 of 2025 in on the file of Principal Civil Judge (Junior of First Class, Chittoor, dated passed in As a sequel. Interlocutory Applications j:> ending, if any, shall stand closed. MEMORANDUM OF COSTS CIVIL REVISION PETITION! Respondent Costs Petitioner (Plaintiff) to pay Rs.12,000/- to the six defendants Rs.1 2,000/- Total Note; Costs of Rs.12,000/- (Rupees Twelve Thousand Only) to be paid by the Petitioner (Plaintiff) to the six defendants, each Rs.2,000/-, (Rupees Two Thousand only) within a period of two (2) weeks from date of receipt of this order towards costs of this Civil Revision Petition. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Civil Judge (Junior Division) '.urn Judicial Magistrate of First Class, Chittoor, Chittoor District. 1 2. One CC to Sri N.Ranga Reddy, Advocate [OFM JC] 3. One CC to Sri G.Sekhar Reddy, Advocate [OF’tJC] 4. Two CD Copies GPC vna HIGH COURT DATED: 01/08/2025 ORDER CRP NO. 1373 OF 2025 n r AUG ?fl?5 I ^ Current Section . ^ C> 6». DISPOSING OF THIS CIVIL REVISION PETITON WITH COST