Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 2572 OF 2024 Pstition under Article 227 of the Constitution of India, aggrieved by the Order dt.30-09-2024 passed in I.A.No.09 of 2024 in O.S.No.07 of 2022 on the file of Principal Junior Civil Judge, Adoni, Kurnool District Between: B. Mallikarjuna Reddy, S/o Maddilety Reddy, Aged about 40 years, R/o H.No.2-438-1, Postal Colony, Adoni Town, Kurnool District ...Petitioner AND
1. K. Geetha, W/o Venkatesh, Aged about 40 years, R/o H.No.4/17, Alampur Village and Mandal, Mahaboob Nagar District.
2. K. Venkatesh, S/o Ashanna, Aged about 44 Alampur Village and Mandal, Mahaboob Nagar District. years, R/oH.No.4/17, ...Respondents 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 Stay the operation of
Order dt.30-09-2024 passed in
> V I.A.No.09/2024 in O.S.No.07/2022 on the file of Principal Junior Civil Judge, Adoni, Kurnool District. / Cqunsel for the Petitioner: SRI A. SYAM SUNDAR REDDY Cbunse) for the Respondents: SRI BALAJI MEDAMALLI The Court made the following order:
APHC010473502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] 0:
MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 2572/2024 Between: ...PETITIONER B. Mallikarjuna Reddy AND ...RESPONDENT(S) K Geetha and Others Counsel for the Petitioner:
1 A SYAM SUNDAR REDDY Counsel for the Respondent(S):
1.BALAJI MEDAMALLI The Court made the following:
ORDER The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking to set aside the order passed by the learned Principal Junior Civil Judge, Adoni, Kurnool District in I.A.No.09 of 2024 in O.S.No.07 of 2022. Heard Mr A.Syam Sudar Reddy,
learned counsel for the petitioner and Mr Balaji Medamalli,
learned counsel appearing for the
2. respondents. Perused the material on record.
On hearing,
learned counsel for the petitioner submits the petitioner herein filed O.S.No.07 of 2022 on the file of the Principal Junior Civil Judge, Adoni, Kurnool District against the respondents seeking recovery of amount of Rs.6,72,000/- and the same was decreed ex-parte on 04.07.2022. The respondents filed I.A.No.09 of 2024 on 14.11.2023 seeking condonation of delay of 440 days in filing petition under Order 9 Rule 14 seeking to set aside the ex-parte decree, dated 04.07.2022. The petitioner filed a detailed counter seriously opposing the
contentions and prayed to dismiss the application. But on 30.09.2024, without assigning any reasons the learned Judge condoned the said delay. The learned counsel further submits that the as the respondents did not file their written statement along with their application and did not explain the delay in proper perspective, the trial Court ought to have dismissed the application. Hence, the learned counsel for the petitioner requests to set aside the order passed by the learned Principal Junior Civil Judge. Adoni, Kurnool District in I.A.No.09 of 2024 in O.S.No.07 of
3.
2022.
Learned counsel for the respondents opposed for grant of any relief in this Civil Revision Petition and prays to dismiss the same.
4. Considering the submissions of both the learned counsels, the
order passed by the learned Principal Junior Civil Judge, Adoni is set aside and the matter is remanded back to the learned Judge for fresh consideration. The learned Principal Junior Civil Judge, Adoni is directed to consider the
5.
matter afresh and pass reasoned appropriate orders in accordance with law after affording opportunity to the petitioner as well as to the respondents as expeditiously as possible.
6. With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER J
1. The Principal Civil Judge, (Junior Division) Adoni, Kurnool District
2. One CC to Sri. A Syam Sundar Reddy, Advocate [OPUC]
3. One CG to Sri. Balaji Medamalli, Advocate [OPUC]
4. Three CD Copies To MKP sree
f HIGH COURT DATED:03/02/2025
ORDER CRP.No.2572 of 2024 1« FE8 2Cn I ^ . CunenI SMtIon ^ DISPOSING THE C.R.P.
WITHOUT COSTS