IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY.THE THIRD DAY OF JANUARY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 2699 OF 2024 Petition under Article 227 of the Constitution of India, against the docket order dated 17.09.2024 passed in O.S. No. 130 of 2015 on the file of the Additional Civil Judge (Senior Division), Tirupati, dismissing I.A. No. 529 of 2023 for non compliance of the order dated 08.08.2024. Between: 1. Mundluru Kusumamba @ Kumama Kumari, W/o. M. Ramamurthy Naidu, Aged about 60 years, R/o. Nadimpalli Village, Mungilipattu Kothapalli Village majara (hamlet), Ithepalli post, Chandragiri Mandal, Tirupati District. 2. Kodavatiganti Neerja, W/o. K. Suresh, Aged about 43 years, R/o. D.No. 6-1-73/F, Varadaraja Nagar, Kapilatheertham Road, Tirupati, Tirupati District. 3. Mundluru Ramamurthy Naidu, S/o. M. Ramachandra Naidu, Aged about 64 years. Retired VRO, R/o. Nadimpalli village, Mungilipattu Kothapalli majara (hamlet), Ithepalli post, Chandragiri Mandal, Tirupati District. 4. Kodavatiganti Suresh, S/o. K. Damodara Naidu, Aged about 45 years, R/o. D. No. 6-1-73/F, Varadaraja Nagar, Kapiltheertham raod, Tirupati, Tirupati District. ...Petitioners/Defendants No.1 to 4 AND *> L V K K Chaitanya, S/o. Ravi Babu, Aged about 36 years, Occ. Service, permanent R/o. Plot. No. 33, Maheswari Residency, D.No. 5-9-22/A, Adarsh Nagar, Hyderabad, Telangana State, Presently residency at 729, Quail Creek Dr., Frisco, Texas 75034, United States of America 1. Rep by his GPA Pratapaneni Deendayal @ Murali Naidu, S/o. P. Srinivasulu Naidu, Aged about 57 years, R/o. at plot No.3, New Maruthi Nagar, extension, R.C. Road, Tirupati, Turupati District. ...Respondent/Plaintiff 2. Duttaluru Chengalraya Naidu (died), S/o. Kuppa Naidu, Aged about 60 years, R/o. Venkataramapuram, Tirupati Rural Mandal Tirupati District. ...Respondent/Defendant No.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 stay of all further proceedings in OS No. 130 of 2015 on the file of the Additional Senior Civil Judge, Tirupati, pending disposal of the above Civil Revision Petition. Counsel for the Petitioners: Sri Balaji Medamalli Counsel for the Respondent No.1: CKR Associates Counsel for the Respondent No.2: None Appeared The Court made the following: ORDER r > « APHC010493662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 2699/2024 Between: ...PETITIONER{S) Mundluru Kusumamba @ Kumama Kumari and Others AND ...RESPONDENT{S) L V K K Chaitanya and Others Counsel for the Petitioner(S): 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.CKR ASSOCIATES 2 HBKM,J C.R.P.No.2699 of 2024 The Court made the following Order: Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. This revision arises against the docket order dated 17.09.2024 passed 2. in O.S.No.130 of 2015 on the file of Additional Civil Judge (Senior Division) Tirupati dismissing the I.A.No.529 of 2023 for non compliance of the order dated 08.08.2024. 3. The learned counsel for the petitioners submits that the petitioners are the defendant Nos.1 to 4 and the respondent No.1 is the plaintiff in the suit. The 2'^'^ respondent who is the 5^^ defendant in the suit died. 4. The petitioners filed I.A.No.529 of 2023 in the above said suit to recall the D.W.1 for the purpose of continuation of cross examination by the respondent/plaintiff. The said I.A. was allowed on 08.08.2024 by recalling the D.W.1 for the purpose of continuation of cross examination by the respondent/plaintiff subject to payment of costs of Rs.500/- to the other side/respondent No.1 herein and the petitioner/defendant No.1 shall attend before the trial Court on the date of the next adjournment without seeking any further adjournment. Accordingly, the D.W.1 was present, but the petitioners/defendants did not comply the condition-(a) in the order of I.A.No.529 of 2023 dated 08.08.2024 i.e., non-payment of costs of Rs.500/- to the other side. 3 C.R.P.No.2699 of 2024 ^ Since it is an old case of the year 2015, the trial Court dismissed the said I.A. for the above said non-compliance vide docket order dated 17.09.2024, against which, the present revision was filed. 5. On the other hand, the learned counsel appearing for the respondent No.1/plaintiff submits that though the number of opportunities were given to the petitioners herein/defendants subject to the conditions imposed by the trial Court as stated above, they have not been complied with and the defendants are not showing interest to proceed with the further cross examination in order to protract the litigation by gaining time unnecessarily to delay the suit proceedings. The evidence of the plaintiff was over by 11.02.2020 itself. 6. The learned counsel for the respondent No. 1/plaintiff further submits that the plaintiff is taking necessary steps even to implead the legal representative of the deceased 5^^ defendant in the suit. 7. In reply, the learned counsel for the petitioners/defendant Nos.1 to 4 submits that the petitioners are ready and willing to proceed with the further cross examination by complying with the conditions imposed by the trial Court in the above said I.A.s immediately, before the next date of hearing and the D.W.1 will come for cross examination without seeking any adjournment and they abide by the orders that may be passed by the trial Court further in the matter. 8. HtlK.IVI,J C.R.P.No.2699 of 2024 In view of the above said facts and circumstances, the 9. petitioners/defendants shall pay costs of Rs.2,000/- to the respondent No. 1/plaintiff as per the orders of the trial Court in I.A.No.529 of 2023 dated 08.08.2024 instead of Rs.500/- within a period of two (02) weeks from the date of receipt of this order and the proof of payment shall be produced before the trial Court by filing an appropriate application or memo in the suit proceedings. On fulfilling the above said condition along with the other conditions already imposed by the trial Court, the further cross examination of D.W.1 shall go on in accordance with law, subject to the further orders that may be passed by the Court below on its own merits. To show the bona-fides of the parties/defendants, the D.W.1 along with the list of witnesses, if any, shall be present before the Court below on 27.01.2025 to which date the matter is posted by complying with the orders of this Court, all the parties shall cooperate with the trial Court to proceed with the matter for expeditious disposal. 10 Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ” ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, . The Additional Civil Judge (Senior Division), Tirupati, Chittoor District. 2. One CC to Sri Balaji Medamalli, Advocate [OPUC] 1 r A ^ One CC to Sri CKR Associates, Advocate [OPUC] 4. The Section Officer. V.R Section. High Court of Andhra Pradesh. 5. Three CD Copies SAM vna HIGH COURT DATED:03/01/2025 ORDER CRP.No.2699 of 2024 % S 2h m 2025 Current Section V^SPATCV’^^ DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS