APHC010491482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, the Twenty Sixth day of September Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Civil Revision Petition No: 2495 of 2025 Between: Siddam Naga Srinivasa Reddy and others ...Petitioners and Kunduru Pedda Sanjeeva Reddy @ Sanjeeva Reddy and Others ...Respondents Counsel for the petitioners: 1. S. Chandra Sekhara Reddy Counsel for the respondents: Nil The Court made the following: 2 C.R.P.No.2495 of 2025 ORDER: This revision petition is filed under Article 227 of the Constitution of India against the order dated 08.09.2025 in C.F.R.No.4095 of 2025 in O.S.No.190 of 2018 on the file of the Court of Senior Civil Judge, Allagadda, Kurnool District. 02. The facts leading to filing of the revision petition are briefly stated as follows: C.R.P.No.1359 of 2025 was filed by the respondents / defendants challenging the order allowing I.A.No.145 of 2025 in O.S.No.190 of 2018 on the file of the Court of Senior Civil Judge, Allagadda, Kurnool District, filed under Order VII, Rule 14 and Section 151 C.P.C. The revision petition was allowed only to the extent of imposing costs while confirming the order of the trial Court. The operative part of the order dated 30.07.2025 in the revision petition reads as follows: “In the result, the revision petition is allowed to the extent of imposing costs of Rs.2,000/- (Rupees two thousand only) payable by the petitioners in I.A.No.145 of 2025 to the contesting respondents / revision petitioners within 15 days from the date of receipt of copy of this order, failing which, the order in I.A.No.145 of 2025 in O.S.No.190 of 2018, dated 09.04.2025 stands set aside without any further order. Subject to this condition, the order in I.A.No.145 of 2025, dated 09.04.2025 is confirmed.” 03. Thereafter, the advocate for the plaintiffs i.e., the petitioners in I.A.No.145 of 2025 filed memo on 18/19.08.2025 for paying costs of Rs.2,000/-. The material contents of the memo read as below: 3 C.R.P.No.2495 of 2025 “It is submitted that the Hon’ble High Court allowed revision petition C.R.P.No.1359 of 2025 on cost of Rs.2,000/- to the defendants / revision petitioners and on that the plaintiff / respondent in herewith paying cost of Rs.2,000/- the defendants and pray the Hon’ble Court may be pleased to record the same in the above suit in the interest of justice.” 04. On the memo, the counsel for the respondents / defendants made endorsement on 19.08.2025 as below: “It is submitted that the Hon’ble High Court passed orders on 30.07.2025 allowing the revision with a condition that the plaintiffs shall pay an amount of Rs.2,000/- to defendants within 15 days failing which the orders in I.A.No.145 of 2025 stands set aside without any further order. Hence the plaintiff is not entitled for the benefit of orders. Hence costs not received.” 05. On 08.09.2025, after hearing both parties, the trial Court closed the memo by passing an order, the material part of which reads as below: “A perusal of records, this Court had not received copy of order in C.R.P.No.1359 of 2025 only when defendants filed memo along with copy of order, came to notice of this Court. So 15 days time has to be calculated from date of filing of memo along with copy of order. Order will come into force from the date when memo filed by either by plaintiff’s or the defendant. Hence memo closed.” 06. Aggrieved by the order, this revision petition was filed. 4 C.R.P.No.2495 of 2025 07. The learned counsel for the revision petitioners submitted that the direction of this Court in C.R.P.No.1359 of 2025 is to pay costs within 15 days from the date of receipt of copy of the order by the respondents in C.R.P.No.1359 of 2025 i.e., the petitioners in I.A.No.145 of 2025 / plaintiffs. He further submitted that the trial Court misinterpreted the order of this Court as though the period of time for 15 days commenced from the date of receipt of order by the trial Court, in spite of the objection raised in the endorsement dated 19.08.2025. He further stated that the plaintiffs failed to indicate the date on which the copy of the order in C.R.P.No.1359 of 2025 was received by them and it is the material date relevant to calculate period of 15 days for making payment of the costs. If at all the plaintiffs require further time for making payment, the plaintiffs have to approach this Court to extend time fixed by this Court in the order and till then, the period expired cannot be extended in any other manner. Therefore, the learned counsel for the revision petitioners submitted that the impugned order is devoid of merit and liable to be set aside. 08. Perused the record. 09. When the learned counsel for the defendants raised objection in the endorsement dated 19.08.2025, the trial Court ought to have directed the plaintiffs to indicate the date on which the plaintiffs received copy of the order in C.R.P.No.1359 of 2025, so that, the trial Court can verify whether the payment of the amount of costs was duly made within the stipulated period or not. Further, it is erroneous to construe the direction in the order as though the period of 15 days is to commence from the date of receipt of copy of the order by the trial Court. Thus, as both the errors are apparent, the impugned order is liable to be set aside. 5 C.R.P.No.2495 of 2025 10. In the result, the revision petition is allowed and the order dated 08.09.2025 in C.F.R.No.4095 of 2025 in O.S.No.190 of 2018 on the file of the Court of Senior Civil Judge, Allagadda, Nandyal District is set aside. The trial Court is instructed to direct the plaintiffs to file affidavit within the time fixed by the trial Court to provide information about the date on which the copy of the order in C.R.P.No.1359 of 2025 was received by the plaintiffs and thereafter, the trial Court is directed to provide adequate opportunity to the defendants to reply on the affidavit and then hear both sides and pass appropriate order. Pending miscellaneous petitions, if any, shall stand closed. _________________________ JUSTICE B.S. BHANUMATHI Date: 26.09.2025 NSM 6 C.R.P.No.2495 of 2025 221 The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 2495 of 2025 Date: 26.09.2025 NSM