IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTKM^ CIVIL REVISION PETITION Nos.2318 and 2315 of 2024 CIVIL REVISION PETITION No.2318 of 2024 Petition under Article 227 of the Constitution of India, aggrieved by the Order dated 04.07.2024 passed in I.A.No.419/2024 in ATC No.4/2015 on the file of Principal Civil Judge (Junior Division), Srikakulam, Srikakulam District. Between: 1. Sri Saripilli Ramesh, S/o. late Appalaswamy, aged about 47 years, resident of 1-59-24, Plot No. 11/2, Sector-2 MVP Colony, Visakhapatnam. 2. Smt. Nemalipuri Bhuvaneswari, W/o. late Bhaskar Rao, aged about 71 years, resident of J R Puram, Ranasthalam Mandal and Village, Srikakulam District. 3. Sri. Nemalipuri Balaraju, S/o. late Bhaskar Rao, aged about 41 years, resident of J R Puram, Ranasthalam Mandal and Village, Srikakulam District. ...Petitioners/ Respondents in 1 to 3 in act 4/2015 AND 1. Sri Abbas Ali, S/o. Sheik Ibrahim, aged about 56 years, resident of 49- 3-5, Lalitha Nagar, Akkayyapalem, Visakhapatnam. Alternative Address: Taj Enterprises, Garikapalem Village, Ranasthalam Mandal, Srikakulam District. ...Respondent/Petitioner in ATC 4/2015 2. The Sub-Registrar, Ranasthalam, Srikakulam District. 3. The State of AP, rep by its District Collector, Srikakulam. (2 and 3 not necessary parties in this CRP) ...Respondents/Respondents 4 & 5 lA NO: 1 OF 2024 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 a stay of all further proceedings including pronouncing of Orders in ATC No. 4/2015 on the file of Principal Civil Judge, (Junior Division) pending disposal this CRP. Counsel for the Petitioners ; Sri VV Ravi Prasad Counsel for Respondent No.1: Sri VV Satish CIVIL REVISION PETITION No.2315 of 2024 Petition under Article 227 of the Constitution of India, aggrieved by the Order dated 04.07.2024 passed in I.A.No.418/2024 in ATC No.4/2015 on the file of Principal Civil Judge (Junior Division), Srikakulam, Srikakulam District. Between: 1. Sri Saripilli Ramesh, S/o. late Appalaswamy, aged about 47 years, resident of 1-59-24, Plot No. 11/2, Sector-2 MVP Colony, Visakhapatnam. 2. Smt. Nemalipuri Bhuvaneswari, W/o. late Bhaskar Rao, aged about 71 years, resident of J R Puram, Ranasthalam Mandal and Village, Srikakulam District. 3. Sri. Nemalipuri Balaraju, S/o. late Bhaskar Rao, aged about 41 years, resident of J R Puram, Ranasthalam Mandal and Village, Srikakulam District. ...Petitioners/ Respondents in 1 to 3 in act 4/2015 AND 1. Sri Abbas Ali, S/o. Sheik Ibrahim, aged about 56 years, resident of 49- 3-5, Lalitha Nagar, Akkayyapalem, Visakhapatnam. Alternative Address; Taj Enterprises, Garikapalem Village, Ranasthalam Mandal, Srikakulam District. ...Respondent/Petitioner in ATC 4/2015 2. The Sub-Registrar, Ranasthalam, Srikakulam District. 3. The State of AP, rep by its District Collector, Srikakulam. (2 and 3 not necessary parties in this CRP) ...Respondents/Respondents 4 & 5 lA NO: 1 OF 2024 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 a stay of all further proceedings including pronouncing of Orders in ATC No. 4/2015 on the file of Principal Civil Judge, (Junior Division) pending disposal this CRP. Counsel for the Petitioners : Sri VV Ravi Prasad Counsel for Respondent No.1: Sri V V Satish The Court made the following: APHC010443312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] S/'S?. WEDNESDAY. THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NOS: 2318 & 2315/2024 Between: ...PETITIONER(S) Sri Saripilli Ramesh and Others AND ...RESPONDENT(S) Sri Abbas Ali and Others Counsel for the Petitioner(S): 1.VVRAVI PRASAD Counsel for the Respondent(S): 1.VVSATISH CIVIL REVISION PETITION NO: 2315/2024 Between: ...PETITIONER{S) Sri Saripilli Ramesh and Others AND ...RESPONDENT(S) Sri Abbas Ali and Others Counsel for the Petitioner(S): 1.VV RAVI PRASAD Counsel for the Respondent(S): 1.VVSATISH i i SRS.J C.R.P.Nos.2318 & 2315 of 2024 The Court made the following: :: COMMON ORDER :: Since the issue involved in both the civil revision petitions is interconnected, these civil revision petitions are disposed of by way of this common order. 2. Heard learned counsel appearing on either side. 3. The respondent No.1 herein filed A.T.C.No.4 of 2015 under section 15(6) of Andhra Pradesh (Andhra Area) Tenancy Act, 1956 on the file of the learned Principal Civil Judge (Junior Division), Srikakulam, to declare the sale deed dated 05.02.2011 executed by petitioners 2 & 3 in favour of petitioner No.1 as null and void. The trial in A.T.C was commenced and posted to 06.02.2024 for further cross examination of PW.1. Since there is no representation on behalf of the petitioners herein, the evidence of PW.1 closed. The petitioners herein filed I.A.No.418 of 2024 under Section 151 of C.P.C to reopen the evidence of PW.1 and I.A.No.419 of 2024 under Order Rule 17 of C.P.C to recall the evidence of PW.1 in A.T.C. No. 4 of 2015. The respondent No.1 therein filed counter affidavit and opposed the application, wherein it was contended that the Trial Court granted several adjournments for cross examination of PW.1, however, PW.1 failed to attend the Court to complete the cross examination. The Trial Court, by two separate orders dismissed the applications. Aggrieved by the said orders, the above two civil revision petitions were filed. was Learned counsel for the petitioners would submit that the Trial Court failed to exercise the jurisdiction vested with it properly. The Advocates boycotted the Court, hence, the cross examination could not be completed. Learned counsel also would submit that the Advocate appearing on behalf of the petitioners will cooperate for cross examination of PW.1. 4. SRS,J C.R.P.Nos.2318 &2315 of 2024 5. Learned counsel for the respondents would submit that the petitioners never cooperated for cross examination of PW.1 in A.T.C. No. 4 of 2015, despite granting several adjournments by the Trial Court. 6. The point for consideration is : “Whether the orders passed by the learned Trial Court in I.A.Nos.418 & 419 of 2024 in A.T.C. No.4 of 2015 are liable to be set aside or not?” 7. A perusal of docket proceedings in A.T.C., filed along with the revision petitions, would disclose that even the petitioner in ATC (R1 herein) also failed to attend the Court on couple of occasions. So also, the respondents in ATC (petitioners herein) failed to cross examine the P.W.1 on a couple of occasions. It is also an undisputed fact that for some time, the advocates boycotted the Courts. \ If the witness is not cross examined, the averments made in the affidavit held to be proved. A proceeding of this nature, cross examination of witness will definitely help the court in disposing of the issue/lis judiciously. It is settled principle that the procedure is the handmaid of justice and not its mistress. The Trial Court ought to have imposed certain costs and allowed the petitioners to cross examine the respondent No.1. In the considered opinion of this Court, the Trial court failed to exercise the jurisdiction vested with it properly. Thus, the orders passed by the learned Trial Court in I.A.Nos.418 & 419 of 2024 in A.T.C. No. 4 of 2015 are liable to be set aside. 8. 9. At the hearing, it is further brought to the notice of this Court that A.T.C.No.4 of 2015 is posted to 28.01.2025. Given the facts and circumstances of the case, the Civil Revision Petitions are allowed on payment of costs, by setting aside the orders passed by the learned Trial Court in I.A.Nos.418 & 419 of 2024 in A.T.C.No.4 of 2015. 10. SRS,J C.R.P. Nos.2318 & 2315 of 2024 The petitioners shall pay Rs.5.000/- to respondent No.1 on or before 28.01.2025 and file a memo to that effect before the Trial Court. If the respondent No.1 refuses to receive the costs, the petitioners shall deposit the to the District Legal Service Authority and file a memo before the Trial Court. The respondent No.l/P.W.1 shall appear before the Trial Court on the date of adjournment i.e. 28.01.2025. The petitioners shall cross examine the witness on 28.01.2025. If the petitioners failed to deposit the amount or cross examine the witness despite the witness present, the orders under revisions shall stand revive. The Trial Court is shall take steps for expeditious disposal of A.T.C.No.4 of 2015. same As a sequel, pending miscellaneous petitions, if any, shall stand closed I Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Civil Judge (Junior Division), Srikakulam, Srikakulam District. The District Legal Service Authority, Srikakulam, Srikakulam District. One CC to Sri V V Ravi Prasad, Advocate [OPUC] One CC to Sri V V Satish, Advocate [OPUC] The Section Officer, VR Section, High Court of Andhra Pradesh, Amaravati, Guntur, Three CD Copies 2. 3. 4. 5. 6. TK PRK HIGH COURT TK DATED:08/01/2025 s COMMON ORDER CRP.Nos.2318 & 2315 of 2024 ALLOWING THE CIVIL REVISION PETITIONS