APHC010534772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 2960/2025 Between: 1. THIRRE KASTHURBAI, W/O VENKATA KRISHNA, AGED ABOUT 63 YEARS, OCC EMPLOYEE, R/O MORTHA VILLAGE, UNDRAJAVARAM MANDAL WEST GODAVARI DISTRICT ...PETITIONER AND 1. THIRRE MANOJA, W/O AMBEDKAR, AGED 48 YEARS, OCC HOUSE WIFE, R/O MORTHA VILLAGE, UNDRAJAVARAM MANDAL, WEST GODAVARI DISTRICT 2. THIRRE VIMALA, W/O SYAMASUNDARAMREDDY, AGED 51 YEARS, OCC EMPLOYEE IN PRIMARY HEALTH CENTRE, R/O AMARAVATHI, GUNTUR DISTRICT. 3. NELAPATI RADHA RANI, 3RD DEFENDANT (DIED) 4. NELAPATI RAJU, S/O RAMUDU, AGED ABOUT 43 YEARS, OCC EMPLOYEE D.NO.26-3-413, RAJU COMPLEX, B.V.NAGAR POST, NELLORE, NELLORE DISTRICT. 5. GARAPATI PUSHPARAJYAM, W/O PURUSHOTHAM AGED ABOUT 46 YEARS, R/O H.NO.26-3-413, RAJU COMPLEX, B.V.NAGAR POST, NELLORE, NELLORE DISTRICT. ...RESPONDENT(S): 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 2 pleased toPetitioner Being aggrieved by the Order dated 25.7.2025 in I.A.No.2 of 2023 in O.S.No.75 of 2012 on the file of the learned Senior Civil Judge Court AT Tanuku, the Petitioner beg to prefer the above Civil Revision Petition, 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 May be pleased to stay all further proceedings in pray O.S.No.75 of 2012 on the file of the Senior Civil Judge AT Tanuku, pending the disposal of the main Revision Petition and pass such Counsel for the Petitioner: 1. BHAGAT SINGH KOWRU Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH CIVIL REVISION PETITION NO: 2960 of 2025 ORDER: The present Civil Revision Petition is filed aggrieved by the orders dated 25.07.2025 in I.A.No.2 of 2023 in O.S.No.75 of 2012, passed by the Senior Civil Judge, Tanuku, wherein the trial Court has dismissed the application filed under Order XXVI, Rule 10 (b) read with Section 151 of Code of Civil Procedure by the petitioner/defendant seeking to appoint an Advocate Commissioner to record the evidence of Smt.Kantipudi Lakshmi Tulasi. 2. 2. The said application has been rejected by the Court below on the ground that in the application filed by the petitioner, no evidence or material was placed with regard to ailment of said Tulasi, except saying that old age ailments. When that being so, the Court below has rightly considered and rejected the application and this Court is not inclined to interfere in the said order. 3. At request of learned counsel for the petitioner, liberty is granted to the petitioner to file an application with relevant material. If the petitioner filed the application with relevant material to show that the said Tulasi is not able to move, the same may be considered by the Court below and pass appropriate orders. 4 4. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:07.11.2025 SJ 5 91 THE HON’BLE SRI JUSTICE D. RAMESH CIVIL REVISION PETITION NO: 2960 of 2025 07.11.2025 ssjj