APHC010318002025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: Between: 1. TIRUMULA BALA RAM KRISHNA, S/O.VEERA BHADRA RAO, AGED ABOUT 45 YEARS, MALE, BETHAPUDI VILLAGE, MOGALTHUR MANDAL WEST GODAVARI DISTRICT. 1. AYITHAM SARADA RANI, W/o. Puma Chandra Mohan Rao, Aged years. Female, R/o. Jetti Palem Village, Mogalthur Mnadal, West Godavari District Petition under Article 227 of the Constitution of India, circumstances stated in the grounds filed herein, pleased to Being aggrieved by the order Dated 25.03.2025 in I.A.No.191 of 2025 in A.T.A. No. of 2025 on the file of the Hon'ble Tenancy Appellate Tribunal-Cum-Principal District Judge, West Godavari, Eluru the above named petitioner beg 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 Pleased to grant stay of all further proceedings in E.P.No.5 of 2024 in ATC No.3 of 2018 on the file of Special Officer under A.P. (A.A.) Tenancy Act, 1956-cum- Principal Junior Civil Judge’s Court, Bhimavaram pending disposal of the main revision petition and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1568/2025 TIRUMULA BALA RAM KRISHNA, S/O.VEERA BHADRA RAO, AGED ABOUT 45 YEARS, MALE, BETHAPUDI VILLAGE, MOGALTHUR MANDAL WEST GODAVARI DISTRICT. ...PETITIONER AND AYITHAM SARADA RANI, W/o. Puma Chandra Mohan Rao, Aged years. Female, R/o. Jetti Palem Village, Mogalthur Mnadal, West ...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 Being aggrieved by the order Dated 25.03.2025 in I.A.No.191 of 2025 in A.T.A. No. of 2025 on the file of the Hon'ble Tenancy Appellate Principal District Judge, West Godavari, Eluru the above 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 Pleased to grant stay of all further proceedings in E.P.No.5 of 2024 in ATC of Special Officer under A.P. (A.A.) Tenancy Act, Principal Junior Civil Judge’s Court, Bhimavaram pending disposal of the main revision petition and pass IN THE HIGH COURT OF ANDHRA PRADESH [3239] THE HONOURABLE SRI JUSTICE K SURESH REDDY TIRUMULA BALA RAM KRISHNA, S/O.VEERA BHADRA RAO, AGED ABOUT 45 YEARS, MALE, BETHAPUDI VILLAGE, MOGALTHUR ...PETITIONER AYITHAM SARADA RANI, W/o. Puma Chandra Mohan Rao, Aged 48 years. Female, R/o. Jetti Palem Village, Mogalthur Mnadal, West ...RESPONDENT praying that in the the High Court may be Being aggrieved by the order Dated 25.03.2025 in I.A.No.191 of 2025 in A.T.A. No. of 2025 on the file of the Hon'ble Tenancy Appellate Principal District Judge, West Godavari, Eluru the above 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 Pleased to grant stay of all further proceedings in E.P.No.5 of 2024 in ATC of Special Officer under A.P. (A.A.) Tenancy Act, Principal Junior Civil Judge’s Court, Bhimavaram pending Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent: 1. K V L NARASIMHA RAO The Court made the following ORDER: Questioning the order dt. 25.03.2025 passed in I.A.No.191/2025 in unnumbered A.T.A. No.___/2025 by the learned I Additional District Judge, Eluru–cum–Tenancy Appellate Tribunal dismissing the said I.A., the petitioner filed the present Civil Revision Petition under Article 227 of the Constitution of India. 2. The respondent herein filed A.T.C.No.3/2018 before the Special Officer under A.P. (A.A.) Tenancy Act, 1956-cum-Principal Junior Civil Judge, Bhimavaram, seeking eviction of the petitioner from the petition scheduled property. The petitioner contested the said A.T.C. by filing counter. After an elaborate enquiry, the Special Officer allowed the A.T.C., by order dt. 26.09.2023, granting three months time for vacating the land. Aggrieved by the same, the petitioner filed an appeal before III Additional District Judge, West Godavari, Bhimavaram. The said appeal was returned with an endorsement ‘File before appropriate Court’. Thereafter, he resubmitted the Appeal before I Additional District Judge, Eluru, FAC Principal District Judge, West Godavari, Eluru-cum-Tenancy Appellate Tribunal, with a delay of 345 days in representing the same. He filed I.A.No.191/2025 under Section 5 of the Limitation Act seeking to condone the delay of 345 days in representing the appeal. After hearing both sides, learned appellate Judge dismissed I.A.No.191/2025 stating that the delay was not explained properly. 3. Heard both sides. 4. It was contended by the petitioner before the Appellate Authority stating that by mistake they filed appeal before the learned III Additional District Judge, West Godavari at Bhimavaram, which was returned on 02.03.2024 with an endorsement ‘Present before the appropriate Court’. Thereafter, when he was taking steps to present the appeal before the appellate Court, the respondent approached him for amicable settlement. While things were going on, the respondent filed E.P.No.5/2024 before the Special Officer under A.P. (A.A.) Tenancy Act, 1956–cum-Principal Junior Civil Judge, Bhimavaram. It is only thereafter he came to know that the respondent is not interested in settling the dispute. As such, there occurred a delay of 345 days in resubmitting the appeal. Initially, the petitioner filed appeal within the stipulated time. As such, the lower appellate Authority ought to have condoned the delay in representation. 5. In view of the above facts and circumstances, this Civil Revision Petition is allowed at the admission stage by setting aside the order dt. 25.03.2025 passed in I.A.No.191/2025 in A.T.A. No.__/2025 and the delay of 345 days in representing the said A.T.A. is hereby condoned. Learned Principal District Judge, West Godavari–cum–Tenancy Appellate Tribunal, West Godavari at Eluru is directed to take up the appeal if it is otherwise in accordance law and dispose of the same as expeditiously as possible after giving an opportunity to both sides. No order as to costs. As a sequel, interlocutory applications pending, if any, shall also stand closed. __________________ K SURESH REDDY, J Date: 14.08.2025 MVA