Extracted from the PDF above. The PDF is authoritative.
APHC010299082025
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: 1626/2025 Between:
1. TADIMETI VENKATA KISHORE,, S/O. T.V.HANUMANTHA RAO, MALE, AGED 42 YEARS, JR. ASST.PANCHAYAT OFFICE, ELURU. ELURU DISTRICT.
...PETITIONER AND
1. MEDIKONDA BALAJI, S/o. Babi Rao, Male, aged 39 years. Cultivation, R/o.D.No.3-81, Garlamadugu (Village), Pedavegi (M), Eluru 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 to Recall Respondent/Plaintiff as PW1 by re-opening the above matter for cross examination to prove petitioner case 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 to stay of all further proceedings in O.S.No.406/2020 on the file of in the Court of the Hon'ble II Addl. Civil Judge (Junior Division) Eluru West Godavari District.
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IA NO: 2 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 vacate the interim stay orders, dated 14.08.2025 (Fourteenth day of August Two Thousand Twenty Five) and passed in IA.No.01/2025 in CRP.No.1626/2025, on the file of the Hon’ble Court, in the ends of justice and pass Counsel for the Petitioner:
1. B P RAJU Counsel for the Respondent:
1. C VENKAIAH The Court made the following:
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ORDER: Petitioner/defendant in I.A.No.166 of 2024 in O.S.No.406 of 2020 filed the above revision against the order, dated 11.4.2025, in I.A.No.166 of 2024 in O.S.No.406 of 2020 on the file of the learned II Additional Civil Judge (Junior Division), Eluru.
2. Without going into the merits of the case, the Civil Revision Petition is filed against the dismissal of the application filed by the petitioner/defendant to recall P.W.1 vide I.A.No.166 of 2024 in O.S.No.406 of 2020 dated 11.4.2025. In fact a perusal of the orders clearly discloses that P.W.1 cross-examination was completed and after completion of evidence on plaintiff’s the matter was posted to 28.8.2023 for defendant’s evidence and the petitioner/defendant had adduced evidence at length and after closure of evidence of defendant the matter was posted for arguments to 18.7.2024 and several opportunities were also given for arguments. While that being the position, the petitioner has filed the present petition to recall P.W.1. The trial Court observed in the
order that the petition is filed only to dragon the issue. This Court is also under the same impression and there are no merits in the Revision Petition.
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3. Considering the submissions and on perusal of the record, this Court is not inclined to interfere with the impugned order.
4. Accordingly, the Civil Revision Petition is dismissed. No costs.
As a sequel thereto, interlocutory applications pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH
07.11.2025 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH
CIVIL REVISION PETITION NO.1626 OF 2025 07.11.2025 RD