APHC010579882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 2108/2025 Between: 1. BHUMANI JYOTHI, W/O LATE B.RAMACHANDRA REDDY, AGED 51 YEARS, RESIDING AT OLD IRUGULAM VILLAGE SATHYAVEDU MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. KUPPANI SUBBARATHNAMMA, w/o late K.Venkata Rami Reddy, aged 74 years, resding at Mallavaripalem Irugulam Post, Sathyavedu Mandal, Tirupati District. ...RESPONDENT 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 topleased to set aside the order, dated 26-11-2024 passed in XII Additional District Judge, Srikalahasti, Tirupati District by allowing this Civil Revision Petition and pass IA NO: 1 OF 2025 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 pleased to (231) days in representing the above C.R.P. on the file of and pass IA NO: 2 OF 2025 2 HBKM,J C.R.P.No.2108 of 2025 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 pleased to stay of all further proceedings in pursuance of the decree and judgment, dated 03.07.2023 in O.S.No.4 of 2020 on the file of Junior Civil Judge, Sathyavedu including proceedings in E.P.No.14 of 2023 on the file of Junior Civil Judge, Sathyavedu and pass Counsel for the Petitioner: 1. MADHU SUDHAN P Counsel for the Respondent: 1. 3 HBKM,J C.R.P.No.2108 of 2025 The Court made the following Order: Heard the learned counsel for the petitioner. Inspite of service of notice, none appears for the respondent. 2. This revision is filed against the order in I.A.No.667 of 2023 in A.S.No._of 2023, C.F.No.1442 of 2023 on the file of XII Additional District Judge, Chittoor District, Srikalahasthi, dated 26.11.2024. 3. The petitioner being an appellant and defendant in the suit preferred the above said un-numbered first appeal vide C.F.No.1442 of 2023 before the lower appellate Court with a delay of 127 days in preferring the same. The same was dismissed, when there is a knowledge of filing E.P. in the decreed suit in O.S.No.4 of 2020 on the file of Junior Civil Judge, Srikalahasthi dated 03.07.2023. As the counsel for the petitioner before the Court below filed a continuation memo on 09.11.2023 by continuing his vakalat on behalf of the petitioner and though the petitioner submitted before the Court below that she was held up at Chennai due to death of her close relative and as such, she could not file the above said appeal within time and without considering the same, the above said I.A. was dismissed. 4. The order of the Court below is perused carefully, which is assailed in this revision and as the right of appeal is vested on the petitioner statutorily, it is just and proper to permit the petitioner to prefer such an appeal by 4 HBKM,J C.R.P.No.2108 of 2025 condoning the delay petition, that too, which was filed with the delay of 127 days only even on payment of costs by the appellant. 5. In view of the above said facts and circumstances, the delay in presentation of the appeal is condoned subject to payment of costs of Rs.1,000/-(Rupees Thousand only) to the respondent within a period of three (03) three weeks from the date of receipt of this order and proof of payment shall be filed before the Court below i.e., before the lower appellate Court to the credit of A.S.No._2023 vide C.F.No.1442 of 2023 and on such payment and filing proof of the same, the lower appellate Court is directed to proceed with the first appeal by numbering the same, if it is otherwise in order, strictly in accordance with law. The impugned I.A.No.667 of 2023 in A.S.No._of 2023, C.F.No.1442 of 2023 on the file of XII Additional District Judge, Chittoor District, Srikalahasthi, dated 26.11.2024 is set aside herewith. 6. Accordingly, this Civil Revision Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 17.10.2025 PGT