APHC010075752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ¥ TUESDAY, THE TWENTY SECOND DAY OF JULY M TWO THOUSAND AND TWENTY FIVE w m O -I ilO mm % A PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 542 OF 2025 Petition under Article 227 of the Constitution of India, Civil Revision Petition against the Order dated 20-01-2025 in LA No. 249 of 2023 in A.S No. 16 of 2017, on the file of the court of The Court Of The XV Addl. District Judge Nuzvid, Krishna District Between: Kollipara Venkata Brahma Rao, S/o. Venkateswara Rao Aged about 63 years, R/o. Tippanagunta Village, Bapulapadu Mandal, Krishna District. ...PETITIONER AND Movva Venkateswara Rao S/o. Dharma Rao, Aged about 77 years, R/o. Tippanagunta Village, Bapulapadu Mandal, Krishna Distric ...RESPONDENT lA 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 to stay all further proceedings in A.S No. 16 of 2017, on the file of the court of The Court Of The XV Addl. District Judge Nuzvid, Krishna District Counsel for the Petitioner : SRI MARRI VENKATA RAMANA Counsel for the Respondent: SRI SREENIVASA RAO VELIVELA The Court made the following ORDER : / / / APHC010075752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] FRIDAY.THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 542/2025 Between: 1.KOLLIPARA VENKATA BRAHMA RAO, S/0. VENKATESWARA RAO R/0. TIPPANAGUNTA VILLAGE, AGED ABOUT 63 YEARS, BAPULAPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND IMOWA VENKATESWARA RAO S/o. Dharma Rao, Aged about 77 years, R/o. Tippanagunta Village, Bapulapadu Mandal, Krishna Distric ...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 allow the Civil Revision Petition by setting aside the Order dated 20-01-2025 in LA No. 249 of 2023 in A.S No. 16 of 2017, on the file of the court of The Court Of The XV Addl. District Judge Nuzvid, Krishna District and pass lA 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 stay all further proceedings in A.S No. 16 of 2017, on the file of the court of The Court Of The XV Addl. District Judge Nuzvid, Krishna District and pass Counsel for the Petitioner: 1. MARRI VENKATA RAMANA Counsel for the Respondent: 1. SREENIVASA RAO VELIVELA The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: ^47/909/; ORDER: Heard Sri Marri Venkata Ramana, learned counsel for the petitioner and Sri Sreenivasa Rao Velivela, learned counsel for the respondent. 2. The petitioner in the present Civil Revision Petition under Article 227 of Constitution of India is the defendant and respondent is the plaintiff in O.S.No.139 of 2009 in the Court of Junior Civil Judge, Nuzvid. The said suit same, A.S.No.16 of 2017 was filed by the plaintiff which is pending in the Court of XV Additional District Judge, Nuzvid. In the said appeal, the plaintiff filed I.A.No.249 was dismissed and challenging the of 2023 under Order 41 Rule 27 and Section 151 of CPC., seeking permission to file certain documents mentioned in the list. The present petitioner filed objection however had allowed the application inter-alia as . Learned Court observing that it was satisfied for the reasons recorded in the application supported in the affidavit i.e. I.A.No.249 of 2023. 3. Challenging the said order, the present CRP has been filed. 4. Learned counsel for the petitioner submits that no jurisdiction for the Court to Order 41 Rule 27 CPC. He submits that considered at the time of consideration of the at this stage there was pass the order in the application filed under such application is required to be appeal on merits. T'- 5. Learned counsel for the respondent fairly concedes the legal position and submits that appropriate direction to the learned Trial Court may be given and the Civil Revision Petition may be disposed of. 6. Considering the aforesaid submissions, as also that the law is well settled that the application under Order 41 Rule 27 CPC in appeal requires to be considered at the time of hearing of the appeal, this Court is of the view that any such order in the application was not required to be passed, at this stage. 7. This petition is, therefore, allowed setting aside the impugned order but with direction to the learned Appellate Court to consider and decide I.A.No.249 of 2023 afresh, at the appropriate stage, without being influenced by any observation made in the impugned order. No order as to costs. As a sequel theretq, miscellaneous petitions, if any pending, shall also SD/- A.VENUGOPALA RAO ASSISTANT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. TheXVAddl. District Judge Nuzvid, Krishna District. 2. One CC to Sri. Marri Venkata Ramana Advocate [OPUC] 3. One CC to Sri. Sreenivasa Rao Velivela Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Amaravathi 5. Two CD Copies mkp TAC Pradesh at HIGH COURT DATED:22/07/2025 ORDER CRP NO. 542 OF 2025 ALLOWING THE CRP