APHC010579912017 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: Between: 1. S. BAJI, KRISHNA DIST, S/O SHAIK MEERA VALI, AGED 35 YEARS, VEGETABLE VENDOR, RESIDENT OF VANUKURU VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT. 1. THE JOINT COLLECTOR VIJAYAWADA 3 DISTRICT, CAMP OFFICE AT VIJAYAWADA. 2. THE ASST DIRECTOR, MARKETING, VIJAYAWADA OFFICE AT AGRICULTURAL MARKETING YARD, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ESTATE OFFICER RYTHU BAZAR, SWARAJYAMAIDAN, VIJAYAWADA, KRISHNA DIS 4. THE TAHSILDAR, VIJAYAWADA URBAN MANDAL, VIJAYAWADA, KRISHNA DISTRICT. Counsel for the Petitioner: 1. JYOTHI ESWAR GOGINENI Counsel for the Respondent(S): 1. The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1214/2017 S. BAJI, KRISHNA DIST, S/O SHAIK MEERA VALI, AGED 35 YEARS, VEGETABLE VENDOR, RESIDENT OF VANUKURU VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND THE JOINT COLLECTOR VIJAYAWADA 3 OTHERS, KRISHNA DISTRICT, CAMP OFFICE AT VIJAYAWADA. THE ASST DIRECTOR, MARKETING, VIJAYAWADA OFFICE AT AGRICULTURAL MARKETING YARD, GOLLAPUDI, VIJAYAWADA, THE ESTATE OFFICER RYTHU BAZAR, SWARAJYAMAIDAN, VIJAYAWADA, KRISHNA DISTRICT. THE TAHSILDAR, VIJAYAWADA URBAN MANDAL, VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: JYOTHI ESWAR GOGINENI Counsel for the Respondent(S): The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3457] S. BAJI, KRISHNA DIST, S/O SHAIK MEERA VALI, AGED 35 YEARS, VEGETABLE VENDOR, RESIDENT OF VANUKURU VILLAGE, ...PETITIONER OTHERS, KRISHNA THE ASST DIRECTOR, MARKETING, VIJAYAWADA OFFICE AT AGRICULTURAL MARKETING YARD, GOLLAPUDI, VIJAYAWADA, THE ESTATE OFFICER RYTHU BAZAR, SWARAJYAMAIDAN, THE TAHSILDAR, VIJAYAWADA URBAN MANDAL, VIJAYAWADA, ...RESPONDENT(S): 2 Order:- The learned counsel for the petitioner submits that the present Civil Revision Petition is filed aggrieved by the order in I.A. No. 355 of 2016 in O.S. No. 888 of 2015 dated 26.12.2016 on the file of the III Additional Junior Civil Judge, Vijayawada, whereby the petition for condonation of delay of 27 days in filing the petition for restoration of the suit under Order 9 Rule 9 of the CPC was dismissed for default. 2. It is submitted that the petitioner filed a suit for injunction against the defendants, restraining them from interfering with his business. The petitioner was conducting a vegetable stall. The suit was dismissed for non-prosecution on 03.08.2016. It is further submitted that the petitioner was unwell and, therefore, was unable to pursue the suit. However, the petitioner filed a petition under Order 9 Rule 9 of the CPC, seeking to set aside the order of dismissal for non-prosecution, along with a stay petition. Additionally, a petition under Section 5 of the Limitation Act was filed, seeking condonation of delay of 27 days. 3. The learned VI Additional Junior Civil Judge, Vijayawada, has refused to allow the entire petition and dismissed the same. Aggrieved by the said order, the present Civil Revision Petition is filed. 4. Heard the learned counsel for the petitioner. There is no representation for the respondents. 5. Perused the record. 3 6. Considering the Civil Revision Petition has been pending since the year 2017, this Court is of the considered view that the order passed in I.A. No. 355 of 2016 in O.S. No. 888 of 2015 deserves to be set aside and an opportunity be given to the petitioner to pursue the suit on merits. Also, considering that the suit is pending from the year 2015, efforts shall be made by the learned III Additional Junior Civil Judge, Vijayawada, to expedite disposal of the suit, preferably within a period of eight (08) months from the date of receipt of a copy of this order. 7. Accordingly, the Civil Revision Petition is allowed. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.07.2025 PNS