IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 2384 OF 2022 Petition under Section 115 of CPC to revise the order dt.10.10.2022 made in lA No. 98/2022 in I.P.No 22 of 2020 on file of the Court of the II Addl. Senior Civil Judge, Nandyal. Between: Pothireddy Vijaya, W/o Pothireddy Venkata Suresh Reddy, Aged about 41 years, Hindu, Housewife, R/o H.No 281768-B2-1, Lalitha Nagar, N.G.O's Colony, Nandyal, Kurnool District ...PETITIONER /PETITIONER RESPONDENT AND Katam Padma, W/o Nageswara Reddy, Aged about 32 years, Hindu, Housewife, R/o H.No 3-139, Reddy's Colony, Rythunagaram, Nandyal Town AND Mandal, Kurnool District. ...RESPONDENT/RESPONDENT/PETITIONER Gopireddy Venkata Subba Reddy,, S/o Gopireddy Sivanagi Reddy, aged 40 years, Hindu, Business, R/o H.No 28-851-R4-1, Viswanagar, Nandyal Town and Mandal, Kurnool District ...RESPONDENT/RESPONDENT/ RESPONDENT ^,-5 lA NO: 1 OF 2022 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 all further proceedings pursuant to the exparte orders dated 29.10.2021 in Insolvency Petition No: 22/2020 on the file of the II Addl. Senior Judge, Nandyal. Counsel for the Petitioner : SRI A VEERASWAMY Counsel for the Respondents : SRI NARASIMHA RAO GUDISEVA The Court made the following ORDER : APHC010622422022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 2384/2022 Between: Pothireddy Vijaya ...PETITIONER AND Katam Padma and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AVEERASWAMY Counsel for the Respondent(S): 1.NARASIMHA RAO GUDISEVA The Court made the following: honourable SRI JUSTICE NYAPATHY VIJAY rFVISION petition NH 2384 of 2022 THE CIVIL ORDER: The present Civil Revision Petition is filed against the Order dated I.A.No.98 of 2022 in l.P.No.22 of 2020 passed by the 1. 10.10.2022 in II Additional Senior Civil Judge, Nandyal, Kurnool District The Petitioner is the Respondent No.2 in the I.P 2, 3. The facts of the case are as follows;- filed insolvency petition under Section declare the Respondent No.1 Deed dated 19.03.2020 The Respondent No.1 had as 9 of the Provincial Insolvency Act to consequently annul the Sale insolvent and executed by the Respondent No.1 in favour of the Petitioner/Respondent No 2 in the I.P. Though the Petitioner had received notice of the I.P, could and consequently an ex parte decree was passed on insolvent and directed not contest the case 29 10 2021 declaring the Respondent No.1 as the official receiver to take possession of the schedule property and administer the same as per law. Further, the Respondent No.1 was given liberty to seek for annulment an of the Sale Deed dated 19.03.2020. 23.03.2022 seeking to set- The Petitioner thereafter filed l.A on aside the ex parte decree on the _ case in view of Covid-19 prevailing at pleaded that Petitioner being a house busy attending household works 4. ground that she could not contest the that point of time. It was also wife had lost track of the notice as every day. The trial Court the ground that the condone with the application to set-aside she was dismissed the application on contest on not filed along delay application was parte order. Hence, the present Civil Revision Petition is filed. ex 2 Heard Sri A. Veeraswamy, learned counsel for the Petitioner and Narasimha Rao Gudiseva, learned counset for the Respondents. 5. The learned counsel for the Petitioner contended that the Hon’ble Supreme Court in Suo Motu W.P (C) No.3 of 2020 considering Covid-19 circumstances prevailing in the country at that time had excluded the period of limitation from 15.03.2020 to 28.02.2022. It is his contention that if the period of limitation is excluded, the application filed by the Petitioner being within the time prescribed and the reasons by the Petitioner being germane and realistic, the trial Court could not have rejected the same. 6. It is further contended that the I.P is a result of collusion between the Respondents herein as it is apparent from the fact that the Respondent No.1 in the I.P did not even contest from being declared as insolvent and the collusion is only to ensure that the Sale Deed standing in favour of the Petitioner stands annulled. 7. The learned counsel for the Respondents contended that no appropriate reasons were given by the Petitioner for seeking to set-aside the ex parte decree and therefore the order of the trial Court could not be faulted. 8. Having heard the Respective counsels, this Court is of the opinion that once the Hon’ble Supreme Court had excluded the time period referred above from being computed for purpose of limitation, the order of the trial Court dismissing the application on the ground that no delay petition was filed by the Petitioner cannot be sustained. Secondly, there appears some merit in the contention of the learned counsel for the Petitioner that there is collusion between the Respondent Nos.1 & 2 and the entire purpose of I.P is only to seek for annulment of Sale Deed in 9. 3 favour of the Petitioner. This is so, since the Respondent No.1 in the I.P also remained ex parte. Therefore, the order of the trial Court is set-aside. Consequently, I.P.No.22 of 2020 on the file of 10. the ex parte decree dated 29.10.2021 in the II Additional Senior Civil Judge, Nandyal is set-aside Accordingly, the Civil Revision Petition is allowed. 11. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed SD/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, II Additional Senior Civil Judge Nandyal Kurnool District. SRI. A VEERASWAMY Advocate [OPUC] 3. OneCCto SRI. NARASIMHA RAO GUDISEVA Advocate [OPUC] 4. THREE CD COPIES 1. The 2. OneCCto TAC HIGH COURT DATED:30/01/2025 ORDER CRP.No.2384 of 2022 1 1 MAR 2025 . Current Section ^ S> g- ALLOWING THE CRP