1 (RNT,J C.R.P.No.2181 of 2025) APHC010415672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2181/2025 Between: 1. MIDDE SUBARAO, (DIED) 2. MIDDE PUSHPAVATHAMMA,, W/O.SUBBARAO, AGED ABOUT 72 YEARS, R/O.KAKARLAMUDI, PEDANA MANDAL, KRISHNA DISTRICT. 3. MIDDE VENKATA MADHAVI,, W/O.RAJA RAO, AGED ABOUT 40 YEARS, R/O.CIRCARTHOTA, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 4. PARASA RUPA,, W/O.LAKSHMANA KUMAR @ NANI, AGED ABOUT 32 YEARS R/O.KAKARLAMUDI, PEDANA MANDAL, KRISHNA DISTRICT. 5. KAGITHA VINAY KUMAR,, S/O.NAGA MALLESWARA RAO, AGED ABOUT 25 YEARS, R/O.KAKARLAMUDI, PEDANA MANDAL, KRISHNA DISTRICT. 6. PAMARTHI NAGA LAKSHMI,, W/O.NAGESWARA RAO, AGED ABOUT 52 YEARS R/O.CIRCARTHOTA, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 7. KATTA VEERA RAGHAVAMMA,, W/O.SRINIVASA RAO, AGED ABOUT 47 YEARS R/O.CIRCARTHOTA, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 2 (RNT,J C.R.P.No.2181 of 2025) ...PETITIONER(S) AND 1. MIDDE JAYAMMA, W/O.SOMULU, AGED ABOUT 82 YEARS, R/O.KOBBARITHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 2. MIDDE NANCHARAIAH, S/O.SOMULU @ SWAMULU, AGED ABOUT 52 YEARS, R/O.KOBBARITHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 3. MIDDE SAVITRAMMA, W/O.VENKATESWARLU, AGED ABOUT 77 YEARS, R/O.KOBBARITHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 4. MIDDE SUBBARAIDU BABU RAO, (DIED) 5. MIDDE SATYANARAYANA, S/O.SARAIAH, AGED ABOUT 67 YEARS, R/O.CIRCARTHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 6. MIDDE LAKSHMI, W/O.SUBBARAIDU @ BABU RAO, AGED ABOUT 56 YEARS R/O.CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 7. MIDDE RAVI KUMAR, S/O.SUBBARAIDU @ BABU RAO, AGED ABOUT 37 YEARS, R/O.CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 8. MIDDE RAMESH, S/O.SUBBARAIDU @ BABU RAO, AGED ABOUT 34 YEARS, R/O.CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 9. VEMULA VENKATESWARAMMA, W/O.RAMA RAO, AGED ABOUT 72 YEARS, R/O.CHINAKARAGRAHARAM, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 10. EDE SUBBARAVAMMA, W/O.SATYANARAYANA, AGED ABOUT 67 YEARS R/O.NEAR BANDAR KALAVAGATTU, PAMARRU, KRISHNA DISTRICT. 3 (RNT,J C.R.P.No.2181 of 2025) 11. VEMULA VENKATARAVAMMA, W/O.ARJUNA RAO, AGED ABOUT 62 YEARS R/O.CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 12. YELIKATLA VENKATESWARAMMA, W/O.RAMA RAO, AGED ABOUT 47 YEARS, R/O.MEKAVANI PALEM, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 13. MIDDE RAJA RAO, S/O.SATYANARAYANA, AGED ABOUT 42 YEARS R/O.CIRCARTHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 14. MIDDE SARAIAH, S/O.SATYANARAYANA, AGED ABOUT 39 YEARS R/O.CIRCARTHOTA, MACHILIPATNAM, KRISHNA DISTRICT. 15. KAGITHA MANGAMMA, (DIED) 16. KASANI SATTEMMA, W/O.VEERA SWAMY @ SWAMULU, AGED ABOUT 72 YEARS, R/O.REDDIPALEM, GUDLAVALLERU MANDAL KRISHNA DISTRICT. 17. TATA BHAVANA, W/O.SANKAR, AGED ABOUT 23 YEARS, KRISHNA DISTRICT. TURAKAPALEM, KOSURU, MOVVA MANDAL KRISHNA DISTRICT. 18. JOGI UMA MAHESWARI, D/O. SARADA, AGED ABOUT 20 YEARS, R/O.BALARAMUNIPET, MACHILIPATNAM, KRISHNA DISTRICT ...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 tobeg to present the above Revision Petition in this Honble Court aggrieved by the returning of the Petition filed vide (G L no. 2649 /2025 IA no of 2025 (un numbered) under order 41, Rule.5 of CPC in I.A.No.97 of 2025 in A.S.No. of 2025 (un-numbered) on the file of the court of the Principal District Judge, Krishna at Machilipatnam, 4 (RNT,J C.R.P.No.2181 of 2025) 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 dispense with the filing of certified copy of original petition filed G L no 2649/2025, IA NO OF 2025(UN NUMBERED) in I.A.No.97 of 2025 in A.S.No. of 2025 (un numbered) on the file of the court of the Principal District Judge, Krishna at Machilipatnam and pass Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. 5 (RNT,J C.R.P.No.2181 of 2025) The Court made the following: ORDER : This Civil Revision Petition, filed under Article 227 of the Constitution of India, is preferred by the petitioners/appellants being aggrieved by the return of the petition vide G.L. No. 2649 of 2025, dated 17.06.2025, filed under Order 41 Rule 5 of the Code of Civil Procedure, 1908, in I.A.No.97 of 2025 in an unnumbered A.S., on the file of the Court of the Principal District Judge, Krishna at Machilipatnam. 2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners/appellants. 3. The petitioners are the defendants in O.S. No. 412 of 2014 on the file of the Court of the Principal Civil Judge (Senior Division), Machilipatnam. The said suit was filed by the respondents/plaintiffs seeking partition of the plaint schedule property by metes and bounds. The suit was decreed preliminarily in favour of the plaintiffs vide judgment and decree dated 18.11.2024. 4. Aggrieved by the preliminary decree dated 18.11.2024, the petitioners/appellants preferred an appeal, which is presently at the 6 (RNT,J C.R.P.No.2181 of 2025) stage of scrutiny (SR stage), accompanied by I.A. No. 98 of 2025 seeking condonation of delay in filing the appeal. 5. The petitioners also filed I.A.No. 97 of 2025 under Order 41 Rule 5 CPC in the said unnumbered appeal seeking stay of operation of the decree. However, the said interlocutory application was returned by the office on the ground that, as the appeal is at the stage of scrutiny and the delay in filing the appeal has not yet been condoned, the interlocutory application cannot be taken on file. 6. This Court finds it not to be a case for interference with the action or the order of the learned Principal District Judge in not numbering the interlocutory application, as the delay in filing the appeal has been condoned and after the appeal is duly registered, the petitioner can file fresh application to the same effect. 7. In view of the above, this Civil Revision Petition is dismissed. However, the petitioners/appellants are granted liberty to file an appropriate application before the competent Court, once the appeal is registered on condonation of delay in filing the same. No order as to costs. 7 (RNT,J C.R.P.No.2181 of 2025) As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J Date : 04.09.2025. RPD. 8 (RNT,J C.R.P.No.2181 of 2025) 200 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI (DISMISSED) CIVIL REVISION PETITION NO: 2181 OF 2025 Date : 04.09.2025 RPD. 9 (RNT,J C.R.P.No.2181 of 2025)