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2025 DAILYLAW 53810 (AP)

Sri. Chitturi Rajasekhar v. Sri. Muppidi Narayana Rao

CRP/2478/2025 · 2025-11-04

D Ramesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010500162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH CIVIL REVISION PETITION NO: 2478/2025 Between: 1. SRI. CHITTURI RAJASEKHAR, S/O SURYANARAYANA, MALE AGED ABOUT 40 YEARS, LINGAPALEM VILLAGE AND MANDAL ELURU DISTRICT. ...PETITIONER AND 1. SRI MUPPIDI NARAYANA RAO, S/o Subba Rao, Male Aged about 70 years. Pvt. Employee Lingapalem village and Mandal, 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 Petitioner begs to present this Memorandum of Civil Revision petition having been aggrieved by the Order dated 18.06.2025 passed in I.A.No.326/2025 IN O.S.No.172/2022, on the file of Civil Judge (junior Division), Chintalapudi. 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 of all further proceedings in O.S.No.172/2022 on the file of the Civil Judge (junior Division), Chintalapudi and pass such 2 Counsel for the Petitioner: 1. S APPADHARA REDDY Counsel for the Respondent: 1. C VENKAIAH The Court made the following: 3 ORDER: Petitioner/defendant in I.A.No.326 of 2025 in O.S.No.172 of 2022 filed the above revision against the order dated 18.6.2025 in I.A.No.326 of 2025 in O.S.No.172 of 2022 on the file of the learned Civil Judge, Chintalapudi. 2. Learned counsel for the revision petitioner submitted that the revision is filed against the orders passed in I.A.No.326 of 2025 in O.S.No.172 of 2022. The defendant therein filed a petition under Order XVIII Rule 17 CPC seeking to recall P.Ws 1 and 2 for cross-examination and vide order dated 05.5.2025, the said application has been allowed with certain conditions. The petitioner herein had complied the condition and he was also ready to proceed with the cross-examination on the date fixed i.e. 16.5.2025. But for the administrative reasons, the cross- examination has not taken place on that day and again the matter has been adjourned to 18.6.2025. By that time, the petitioner herein has filed one more application under Order VIII Rule 9 CPC along with Section 151 CPC vide I.A.No.326 of 2025 in O.S.No.172 of 2022 requesting to allow the application after that he will proceed with the cross-examination. In the said circumstances, the Court has dismissed I.A.326 of 2025 in O.S.No.172 of 2022. Aggrieved by the same, the present Revision is filed. 4 3. Learned counsel for the petitioner has brought to the notice of the Court that subsequent I.A. filed under Order VIII Rule 9 CPC was allowed and additional written statement was taken on record. 4. In the said circumstances, the Civil Revision Petition is allowed by setting aside the order dated 18.6.2025 in I.A.No.326 of 2025 in O.S.No.172 of 2022 and the trial Court shall proceed with the cross- examination of PWs 1 and 2 by fixing a date and on the said date if the learned counsel fails to cross-examine PWs 1 and 2, the trial Court may proceed further in accordance with law. No costs. As a sequel thereto, interlocutory applications pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH 05.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH CIVIL REVISION PETITION NO.2478 OF 2025 05.11.2025 RD