APHC010470882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B.S.BHANUMATHI CIVIL REVISION PETITION NO: 2264 OF 2025 Petition filed 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 set aside the Order dated 16-05-2025, passed in O.S.No.157 of 2025 on file of the Principal Civil Judge (Junior Division), Kurnool, Kurnool District. Between: Boya Venkateswarlu @ Postal Venkateswarlu, S/o.Juttanna, aged 55 years, Hindu, R/o.GorantIa Village, Kodumur Mandal, Kurnool District, Andhra Pradesh. ...PETITIONER/DEFENDANT AND 1. Boya Madanna @ Boya Allanagara Madanna, S/o.Late Boya Ranganna, aged about 44 years, Hindu, R/o.GorantIa Village, Kodumur Mandal, Kurnool District, Andhra Pradesh. 2. Boya Krishnaiah, S/o.Late Boya Ranganna, aged about 46 years, Hindu, R/o.Gorantla Village, Kodumur Mandal, Kurnool District, Andhra Pradesh. ...RESPONDENTS/PLAINTIFFS f r lA NO: 1 OF 2025 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 stay all further proceedings in O.S.No.157 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, pending disposal of the main CRP. lA NO: 2 OF 2025 Petition filed under Order 39, Rules 1 & 2 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Ad-interim injunction interfering the Respondent/Defendant in the peaceful possession and enjoyment to the petitioners/plaintiffs petition schedule property till disposal of the main CRP. : SRI ISMAIL SHAIK Counsel for the Petitioner Counsel for the Respondents The Court made the following ORDER : APHC010470882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Tuesday, the Sixteenth day of September, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 2264 of 2025 Between: ...Petitioner Boya Venkateswarlu @ Postal Venkateswarlu and ...Respondents Boya Madanna @ Boya Auanagara Madanna and another Counsel for the petitioner: 1. Ismail Shaik Counsel for the respondents: Nil The Court made the following: / C.R.P.No.2264 of 2025 ORDER: This revision petition is filed under Article 227 of the Constitution of India against the order dated 16.05.2025 in O.S.No.157 of 2025 on the file of the Court of Principal Civil Judge (Junior Division), Kurnool. The revision petitioner is the defendant. The respondents are the 02. plaintiffs. On 16.05.2025, the trial Court passed the order forfeiting the right of the defendant to file the written statement since 90 days elapsed, but written statement was not filed. The trial Court adjourned the case to 19.06.2025 for plaintiffs’ evidence. Later, the defendant filed a petition under Order IX, Rule 7 of C.P.C. vide C.F.R.No.6976, dated 15.07.2025 to set aside the ex parte order dated 16.05.2025 and receive the written statement filed along with the petition. The trial Court returned the petition 23.07.2025 with the objection to state how the petition is maintainable the right to file written statement was forfeited after the time lapsed. The learned counsel for the revision petitioner submitted that the petitioner has a good cause for not being able to file the written statement within time as he suffered from ill-health and that there is a good case to defend the suit as this defendant was cheated. He further stated that the written statement was filed along with the petition to show bona tides to contest the case on merits. 03. on as 04. Since the petitioner has not resubmitted the petition returned with objection, by giving due answer to the objection, the revision petition is disposed of giving liberty to the petitioner to represent the petition duly answering the objection, if necessary, by stating correct provision of law in addition to the provision already mentioned and further, along with a better advised. On such representation, the trial Court is directed 05. affidavit, if so to examine the answer and dispose of the petition on merits, if there is no other objection. 3 C.R.P.No.2264 of 2025 There shaH be no orders as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Civil Judge (Junior Division), Kurnool, Kurnool District. 2. One CC to Sri Ismail Shaik, Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 4. Two CD Copies BSV TAC ' HIGH COURT DATED: 16/09/2025 ORDER CRP NO. 2264 OF 2025 ^ f 8 SEP 2025 jf.’ v>' DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS