1 HN, J Crp.Nos.273_2015 and 5027_2013 APHC010525772015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 273/2015 Between: 1. A SANNI BABU, A. SANNI BABU S/O. LATE A.SANNIBABU AGED ABOUT 76 YEARS R/O.T.BODDAVARAM VILLAGE S.KOTA MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1. BUCHI MOHAN RAO, S/O. LATE BANGARU SETTI AGED ABOUT 77 YEARS R/O.T.BODDA.VARAM VILLAGE S.KOTA MANDAL, VIZIANAGARAM DISTRICT 2. KANDUKURIESWARA RAO, 2. KANDUKURIESWARA RAO, S/O LATE BUCHIMOHANA RAO, AGED ABOUT 40 YEARS, R/O, C/O VINNAKOTA PRASAD, OFFICIAL COLONY, SRUNGAVARAPUKOTA VILLAGE AND MANDAL, VIZIANAGARAM DIST. 3. KANDUKURINARASINGARAO, 3. S/O LATE BUCHIMOHANA RAO, AGED ABOUT 38 YEARS, R/O, BODDAVARA VILLAGE,SRUNGAVARAPUKOTAMANDAL,VIZIANAGARAM DIST. 4. KANDUKURI RAMESH, KANDUKURI RAMESH, S/O LATE BUCHI MOHANA RAO, AGED ABOUT 36 YEARS, R/O, BODDAVARA VILLAGE, SRUNGAVARAPUKOTAMANDAL, VIZIANAGARAM DIST. 5. DASARIVENU, 5. W/O SRINIVASA RAO,D/O LATE BUCHIMOHANA RAO,R/O OPP. DEVASTHANAM STEPS, ANNAVARAM, EAST GODAVARI DIST. 2 HN, J Crp.Nos.273_2015 and 5027_2013 ...RESPONDENT(S): 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 toaggrieved by the order dt. 06.06.2013 in I.A. No 15 of 2013 filed for setting aside the exparte decree dt. 02.01.2013 in O.S.No.152 of 2009 on the file of the Junior Civil Judge, S.Kota, Vizianagaram District. IA NO: 1 OF 2015(CRPMP 140 OF 2015 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 condone the delay of 77 days in resubmitting the CRP IA NO: 2 OF 2015(CRPMP 338 OF 2015 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 EP.No. 122 of 2013 in OS.No. 152 of 2009 ont he file of the Junior Civil Judge, .Kota, Vizianagaram district, pending disposal of the CRP IA NO: 1 OF 2016(CRPMP 2843 OF 2016 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 permit the petitioners to bring on record the respondents 3 to 6 as legal representatives of deceased Buchi Mohana Rao in CRP No.273/2015 IA NO: 2 OF 2016(CRPMP 12234 OF 2016 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 Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. P DURGA PRASAD 3 HN, J Crp.Nos.273_2015 and 5027_2013 APHC010756662013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 5027/2013 Between: 1. A.SANNI BABU, S/O LATE SANYASI, R/O T.BODDAVARAM VILLAGE, S.KOTA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. BUCHI MOHAN RAO DIED, S/O LATE BANGARU SETTI, R/O T.BODDAVARAM VILLAGE, S.KOTA MANDAL, VIZIANAGARAM DISTRICT. 2. KANDUKURIESWARA RAO, KANDUKURIESWARA RAO, S/O LATE BUCHIMOHANA RAO, AGED ABOUT 40 YEARS, R/O, C/O VINNAKOTA PRASAD, OFFICIAL COLONY, SRUNGAVARAPUKOTA VILLAGE AND MANDAL, VIZIANAGARAM DIST. 3. KANDUKURINARASINGARAO, KANDUKURINARASINGARAO,S/O LATE BUCHIMOHANA RAO, AGED ABOUT 38 YEARS, R/O, BODDAVARA VILLAGE,SRUNGAVARAPUKOTAMANDAL,VIZIANAGARAM DIST. 4. KANDUKURI RAMESH, KANDUKURI RAMESH, S/O LATE BUCHIMOHANA RAO, AGED ABOUT 36 YEARS, R/O, BODDAVARA VILLAGE,SRUNGAVARAPUKOTAMANDAL, VIZIANAGARAM DIST. 5. DASARIVENU, 5. DASARIVENU, W/O SRINIVASA RAO,D/O LATE BUCHIMOHANA RAO,R/O OPP. DEVASTHANAM STEPS, ANNAVARAM, EAST GODAVARI DIST. 4 HN, J Crp.Nos.273_2015 and 5027_2013 ...RESPONDENT(S): 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 toUnder Section 227 aggrieved by not numbering the IA.GR.No.1383 of 2013 filed for setting aside the exparte decree in O.S.N.o152 of 2009 on the file of the Junior Civil Judge, S.Kota, Vizianagaram District. IA NO: 1 OF 2013(CRPMP 6948 OF 2013 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 dispense with the filing of certified copy of Affidavit and petition filed in IA.GR.no.1383 of 2013 in O.S.No.152 of 2009 on the file of the Junior Civil Judge, S.Kota, Vizianagaram District and pass IA NO: 2 OF 2013(CRPMP 6965 OF 2013 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 E.P.No.122 of 2013 in O.S.No.152 of 2009 on the file of the Junior Civil Judge, S.Kota, Vizianagaram District pending disposal of the Civil Revision Petiton IA NO: 1 OF 2016(CRPMP 2928 OF 2016 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 permit as LR the petitioners to bring on record the respondents 3 to 6 as legal representatives of deceased Buchi Mohana Rao in CRP No.5027/2013 IA NO: 2 OF 2016(CRPMP 12251 OF 2016 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 Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. P DURGA PRASAD 5 HN, J Crp.Nos.273_2015 and 5027_2013 This Court made the following Common Order: The Civil Revision Petition No.273 of 2015 is filed in Civil Revision Petition No.5027 of 2013. 2. The Civil Revision Petition No.273 of 2015 is filed aggrieved by the order dated 06.06.2013 whereby the learned Junior Civil Judge, Srungavarapukota, has dismissed the application filed under Order 9 Rule 7 of the CPC. 3. The petitioner was set ex parte on 02.01.2013 in O.S.No.152 of 2009. Thereafter, I.A.No.15 of 2014 was filed seeking to set aside the ex parte order dated 02.01.2013, and the learned Judge dismissed the petition filed by the petitioner on the primary ground that the petition was filed on 19.01.2013 and that in the earlier round of litigation, the petitioner had already filed the petition for setting aside the ex parte order along with a petition to condone delay, which was allowed by the Court, and that the defendants were to contest the suit on merits. 4. It is observed in the order that the petition filed under Order 9 Rule 7 of the CPC seeking to set aside of the ex parte order cannot be considered by the Court as the petitioner cannot misuse the provisions of the CPC to his advantage and cause delay in the disposal of justice. 5. The learned counsel for the petitioner submits that the petitioner filed I.A.No.306 of 2012 seeking to implead the Mandal Revenue Officer, 6 HN, J Crp.Nos.273_2015 and 5027_2013 Vizianagaram and the District Officer, Vizianagaram as party respondents/defendants in the suit. 6. It is submitted that in the said suit, respondent Nos.2 and 3, that is, the proposed respondents, did not appear despite service of summons, and the Registry of the Court had endorsed on the docket that respondent Nos.1 to 3 were called absent and no one represented them. As such, they were set ex parte, and the matter was posted for hearing on 21.01.2013. 7. The learned counsel appearing for the petitioner further submits that thereafter the petitioner filed an I.A for setting aside the ex parte order and duly informed the Court that the petitioner cannot be set ex parte as the petition filed under Order 1 Rule 10 of the CPC seeking to implead third parties to the suit ought to have been considered to the extent of the amendment of the petition filed under Order 1 Rule 10, and the Court was to give a finding on the merits or otherwise to implead the proposed parties as party respondents to the suit. Instead, the learned Judge had set the petitioner ex-parte. 8. The order setting ex parte and the subsequent ex parte decree led to filing C.R.P.No.5027 of 2013 challenging the inaction on the part of the Court in registering the I.A field by the petitioner for seeking to set aside the ex parte decree. 7 HN, J Crp.Nos.273_2015 and 5027_2013 9. It is submitted that the learned Judge has neither passed an order on the application filed under Rule 7 of Order 9 CPC nor has rejected the application, and kept it pending primarily on the ground that until and unless the CRP filed by the petitioner aggrieved by the order passed by the Court under Order 9 Rule 7 is disposed of, the Court cannot proceed further in considering the petition filed under Order 9 Rule 13 CPC. 10. The learned counsel for the respondents submits that the Court having set the petitioner ex parte in the suit, the further step of proceeding and passing a decree was rightly followed by the Court, which cannot be faulted. 11. It is also submitted that the petitioner cannot maintain C.R.P.No.5027 of 2013 without following the relevant orders of the Court or, in the alternative, the petitioner ought to have filed the original application filed before the trial Court which was not considered for registration. The Court having followed the procedure, the petitioner cannot maintain CRP.No.5027 of 2013. 12. The learned counsel for the petitioner submits that having no other remedy, the petitioner had filed C.R.P.No.273 of 2015 seeking for set aside the ex parte order. 13. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents, both of whom were heard and the matter is disposed of in the following manner: 8 HN, J Crp.Nos.273_2015 and 5027_2013 14. The learned judge had erred in dismissing the petition filed under Order 9 Rule 7 CPC whereby the petitioner sought to set aside the ex parte order in I.A.No.306 of 2012. The Registry of the Court had recorded on the docket on 02.01.2013 that respondent Nos.1 to 3 were ex parte in I.A.No.306 of 2012. The Court ought not to have considered the order dated 02.01.2013 as having been passed in O.S.No.152 of 2009. The order to set aside the petitioner’s ex parte status ought to have been confined to I.A.no.306 of 2012 and could not be carried forward to O.S.No.152 of 2009. 15. The trial Court further decreed the suit ex parte primarily going by the ex parte order dated 02.01.2013 passed in I.A.No.306 of 2012. This court is of the view that the trial Court erred in dismissing I.A.No.15 of 2013 and referring to the earlier round of litigation whereby the petitioner was set ex parte, and the manner in which the ex parte order was set aside would be of no relevance or substance, as the petitioner was not ex parte in O.S.No.152 of 2009. 16. On these considerations, this Court deems it appropriate to set aside the order passed in I.A.No.15 of 2013 in O.S.No.152 of 2009 dated 06.06.2013. The suit is restored to file. The said order was passed primarily on the ground that the petitioner was said to be ex parte in the suit. On the contrary, the petitioner was not ex parte in O.S.No.152 of 2009, but was set ex parte only in I.A.No.306 of 2012 filed under Order 1 Rule 10 of CPC in O.S.No.152 of 2009. 9 HN, J Crp.Nos.273_2015 and 5027_2013 17. Both the Civil Revision Petitions deserves to be allowed, and the suit is restored to file, granting the petitioner an opportunity to defend the suit on merits. 18. Considering the submissions of the learned counsel for the respondents that the suit is pending since the year 2009, the learned Judge shall endeavor to dispose of the suit within a period of six (06) months from the date of the receipt of this order. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:19.08.2025 NKA 233 10 HN, J Crp.Nos.273_2015 and 5027_2013 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NOs: 273 of 2015 and 5027 of 2013 Date: 19.08.2025 NKA