APHC010433152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2219/2023 Between: 1. AMALAKANTI LAKSHMANA RAO, S/O LATE VEERRAJU, HINDU, AGED ABOUT 57 YEARS, R/O. D.NO. 52-12-32, NEAR PRASAD RESIDENCY,OLD KARASA, VISAKHAPATNAM. ...PETITIONER AND 1. AMALAKANTI RAMACHANDRA RAO, S/o late Veerraju, Hindu, aged about 57years, R/o D.No. 66-2-30A, Sri Ram Nagar, Malkapuram, Visakhapatnam. ...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 Civil Revision Petition is filed assailing the order dated 18-07-2023 in I.A. No. 241/ 2023 in O.S. No. 75 of 2018 on the file of the Principal Senior- Civil Judge at Gajuwaka. Visakhapatnam District IA NO: 1 OF 2023 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 stay of all further proceedings in OS NO 75/2018 on the file of the Principal Senior Civil Judge at Gajuwaka: Visakhapatnam District, pending disposal of Civil Revision Petition and be pleased to pass Counsel for the Petitioner: 1. K.S.G. PADMAVATHI Counsel for the Respondent: 1. G RAMA GOPAL 2 The Court made the following ORDER: Plaintiff in the suit filed the present civil revision petition under Article 227 of the Constitution of India against the order, dated 18.07.2023 in I.A.No.241 of 2023 in O.S.No.75 of 2018 on the file of the Principal Senior Civil Judge at Gajuwaka, Visakhapatnam District. 2. Petitioner/Plaintiff filed O.S.No.75 of 2018 against the respondent/defendant for recovery and handing over of vacant possession of the suit schedule property, for damages of such unauthorized use and occupation of the suit schedule property and for costs. 3. The case of the petitioner is that the mother of the petitioner/plaintiff has executed a Gift Settlement Deed vide document No.1316 of 2014 dated 26.03.2014 in favour of the petitioner/plaintiff, out of love and affection, in respect of the suit schedule property. Despite the said gift settlement deed, the respondent/defendant failed to handover possession of the suit schedule property to the petitioner/plaintiff. Hence, the petitioner/plaintiff was constrained to file the suit. Along with the plaint, the petitioner/plaintiff filed registered Gift Settlement Deed. 4. The respondent/defendant herein filed a written statement duly denying the registered Gift Settlement Deed dated 26.03.2014. 5. During trial, the petitioner/plaintiff, got examined P.Ws.1 to 3. The evidence of petitioner/plaintiff was completed on 07.02.2023. Thereafter, D.W.1 was examined on 25.04.2023 and the matter was posted for 3 defendant’s further evidence. At that point of time, the petitioner/plaintiff filed the I.A.No.241 of 2023 under Section 151 C.P.C to re-open the suit for the purpose of producing further evidence on his behalf. 6. In the affidavit, filed in support of the petition, it was stated that mother of the petitioner/plaintiff, out of love and affection, executed a registered Gift Settlement Deed dated 26.03.2014 in his favour, in respect of the suit schedule property, with free will and consent and since the date of execution of the said Deed, the petitioner has been in possession of the suit schedule property. Though the respondent/defendant has knowledge about execution of the Gift Settlement Deed, he denied to accept the same on the ground that the petitioner/plaintiff has obtained his mother’s signature without disclosing the facts. Therefore, the petitioner/plaintiff felt it relevant to examine his mother and filed I.A.No.241 of 2023 under Section 151 C.P.C. 7. The trial Court dismissed the said application on the ground that the petitioner has knowledge about the defence taken by the respondent in his written statement, way back in the year 2018 i.e., on 16.07.2018 itself and opined that the present petition is filed only to fill up the lacunae. It was also observed by the trial Court that though ample opportunity was given to the petitioner, he himself sought several adjournments and after completion of the cross-examination of D.W.1, the petitioner filed the present petition to drag on the suit proceedings. 8. Aggrieved by the dismissal order, dated 18.07.2023, the petitioner filed the present revision petition. 4 9. Heard. 10. This Court, by order dated 08.09.2023, granted interim stay of all further proceedings in O.S.No.75 of 2018 on the file of the Principal Senior Civil Judge at Gajuwaka, Visakhapatnam District. 11. On perusal of the order dated 18.07.2023 passed by the trial Court, it is evident that the petitioner/plaintiff, filed the suit against the respondent/ defendant for recovery and handing over the vacant possession of the suit schedule property, based on the registered Gift Settlement Deed dated 26.03.2014, executed by his mother in respect of the said property. The said document was also filed along with the plaint. However, as the petitioner’s mother was an old aged person, she could not be examined during the course of trial by the petitioner. 12. But, however, when the petitioner/plaintiff attempted to elicit information regarding the said document during the cross-examination of D.W.1 and failed in that attempt, he was constrained to file I.A. No. 241 of 2023, requesting the Court to reopen the matter for the purpose of adducing further evidence on his behalf by examining his mother as a witness. It is also an admitted fact that the petitioner has filed the said registered Gift Settlement Deed along with the plaint itself. 13. In such a case, this Court is of the opinion that, although there is a delay in filing I.A.No.241 of 2023, no prejudice would be caused to the respondent/defendant if the said application is allowed and the matter is 5 reopened from the stage of D.W.1’s evidence to the stage of the plaintiff’s further evidence. 14. Therefore, this Civil Revision Petition is allowed setting aside the order dated 18.07.2023 in I.A.No.241 of 2023 in O.S.No.75 of 2018 passed by the learned Principal Senior Civil Judge at Gajuwaka, Visakhapatnam District. The matter is reopened for a limited purpose of examining the petitioner’s mother. The respondent/defendant is granted an opportunity to further cross-examine the witness. However, as the suit pertains to the year 2019, this Court feels it appropriate to direct the trial Court to dispose of the suit as expeditiously as possible, preferably within a period of six (6) months from the date of this order. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. _________________________ JUSTICE V.SUJATHA Date: 28.08.2025 KA 6 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2219/2023 Date: 28.08.2025 KA 7