\ APHC010318022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI O ft THURSDAY, THE FOURTEENTH DAY OF AUGUSll*^ W V TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE K.SURESH REDDY lA'UV. 0. CIVIL REVISION PETITION NO: 1566 OF 2025 Petition filed under Article 227 of the Constitution of India, against the Order dated 25.03.2025 passed in I.A.No.192 of 2025 in A.T.A. No. on the file of the Tenancy Appellate Tribunal-cum-Principal District Judge West Godavari, at Eluru. Between: of 2025 1. Tirumala Bala Ram Krishna, S/o.Veera Bhadra Rao, aged about 45 years, Male, Bethapudi Village, Mogalthur Mandal, West Godavari District. 2. Tirumula Naga Venkata Satyanarayana, S/o.Veera Bhadra Rao, 47 years, Male, R/o.Bethapudi Village, Bhimavaram Mandal Godavari District. West ...Petitioners/Petitioners/Appellants AND ■ ■ 9. Ayitham Sarada Rani, W/o.Purna Chandra Mohan Rao, aged 48 Female, R/o.Jetti Palem Village, Mogalthur Mandal, West Godavari District. years. ...Respondent/Respondent c lA NO: 1 OF 2Q2fi 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 of all further proceedings in E.P.No.6 of 2024 in ATC No.4 of 2018 on the file of Special Officer under A.P. Principal Junior Civil Judge’s Court, Bhimavaram, pending disposal of the main Revision Petition. Counsel for the Petitioners: Sri Mangena Sree Rama Counsel for the Respondent: Sri K.V.L.Narasimha The Court made the following: (A.A.) Tenancy Act-cum- Rao Rao ' ■ ■ a. APHC010318022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 1566/2025 Between: 1.TIRUMALA BALA RAM KRISHNA, S/O.VEERA BHADRA RAO, AGED ABOUT 45 YEARS, MALE, MANDAL, WEST GODAVARI DISTRICT. 2.TIRUMULA NAGA VENKATA SATYANARAYANA. BHADRA RAO, 47 YEARS, MALE, BHIMAVARAM MANDAL WEST GODAVARI DISTRICT. BETHAPUDI VILLAGE. MOGALTHUR S/0. VEERA R/0. BETHAPUDI VILLAGE. ...PETITIONER(S) AND 1.AYITHAM SARADA RANI, W/o. Puma Chandra Mohan Rao, Aged 48 West years. Female, R/o. Jetti Palem Village, Mogalthur Mnadal Godavari District. ...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 to aggrieved by the order Dated 25.03.2025 in I.A.No.192 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 lA NO: 1 OF 202.4 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.6 of 2024 in ATC No.4 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 Counsel for the Petitloner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent: 1.KVL NARASIMHA RAO ‘ ■ a The Court made the following ORDER: Questioning the order dt. 25.03.2025 passed in I.A.No.192/2025 in /2025 by the learned I Additional District Judge, Eluru-cum-Tenancy Appellate Tribunal dismissing the said I.A., the petitioners filed the present Civil Revision Petition under Article 227 of the Constitution of India. unnumbered A.T.A. No. 2. The respondent herein filed A.T.C.No.4/2018 before the Special Officer under A.P. (A.A.) Tenancy Act, 1956-cum-Principal Junior Civil Judge, Bhimavaram, seeking eviction of the petitioners from the petition scheduled property. The petitioners 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 petitioners 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. 192/2025 under Section 5 of ■19 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. 192/2025 stating that the delay was not explained properly. 3. Heard both sides. 4. It was contended by the petitioners stating that by mistake they filed appeal before the District Judge, West Godavari 02.03.2024 with before the Appellate Authority learned III Additional at Bhimavaram, which an endorsement ‘Present before the was returned on appropriate Court’. Thereafter, when they were taking steps to present the appeal before the appellate Court, the respondent approached them for amicable settlement. While things were going on, the respondent filed E.P.No.6/2024 before the Special Officer under A.P. (A.A.) Tenancy Act, 1956-cum-Principa l Junior Civil Judge, Bhimavaram. It is only thereafter they 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 petitioners filed appeal within the stipulated time. As such, the lower appellate Authority to have condoned the delay in representation. ought 5. In view of the above facts and circumstances, this Civil Revision Petition is allowed at the admission stage by setting aside passed in I.A.No. 192/2025 in A.T.A. No. the order dt. 25.03.2025 /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 ts directed to take up the appeal if it is otherwise i dispose of the same in accordance law and 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. Sd/- K J RAJA BABU ASSISTANT REGISTRAR \\ //TRUE COPY// SECTION OFFICER To 1. The Tenancy Appellate .Tribunal-cum-Principal District Judge, West Godavari, at Eluru. 2. The Special Officer under Andhra Pradesh Tenancy (A.A.) Act-cum- Principal Civil Judge (Junior Division), Bhimavaram, West Godavari District. 3. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 4. One CC to Sri K.V.L.Narasimha Rao, Advocate [OPUC] 5. Two CD Copies BSV sree ■ »> HIGH COURT DATED:14/08/2025 ORDER CRP NO. 1566 OF 2025 ALLOWING THE CIVIL REVISION PETITION AT THE ADMISSION STAGE WITHOUT COSTS ■