APHC010523042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION Nos.3002 & 3003/2025 CIVIL REVISION PETITION No.3002 of 2025 Between: 1. EMMADI PUMA CHAND,, S/O. EMMADI DURGA PRASAD, AGED ABOUT 38 YEARS, R/O.11-6-9/7, RAMIREDDYPETA, 1ST LINE, NARASARAOPET TOWN, GUNTUR DISTRICT. PRESENT RESIDING AT FLAT NO.515, LODHA, CASA PARADISO SANATHNAGAR, HYDERABAD-500018, TELANGANA STATE. ...PETITIONER AND 1. EMMADI SRAVYA, W/o.Purna Chand, D/o.Venkata Ramanjaneyulu, Age about 26 years, R/o.H.no.5-403, Kurichedu Road, DVS Nagar, Darsi mandal, prakasam District. Presently residing at Plot no.A205, Sumadhura Acropolis 148, Serlingampally, Hyderabad-500032. ...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 above present CRP by setting aside the Dismissal order, dated 01-09-2025, passed in I.A.No.669/2025, in H.M.O.P.No.45/2023, on the file of the Court of the Principal Civil Judge (Senior Division), Narasaraopet, Guntur District in the interest of justice, and may pass IA NO: 1 OF 2025 2 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 dispense with the filing of the certified order copy of in Dismissal Order dt.01.09.2025 passed in I.A.No.669/2025 in H.M.O.P.No.45/2023 on the file of the Court of the Principal Civil Judge (Senior Division), Narasaraopet, Guntur District, and pass 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 pleased to stay all further proceedings in H.M.O.P.No.45/2023 on the file of the Court of the Principal Civil Judge (Senior Division), At Narasaraopet, Guntur District, pending disposal of the Civil Revision Petition and pass Counsel for the Petitioner: 1. BURLA SIVA RAMA KRISHNA Counsel for the Respondent: 1. THANDAVA YOGESH CIVIL REVISION PETITION NO: 3003/2025 Between: 1. EMMADI PURNA CHAND, S/O. EMMADI DURGA PRASAD, AGED ABOUT 38 YEARS, R/O. 11-6-9/7, RAMIREDDYPETA, 1ST LINE, NARASARAOPET TOWN, GUNTUR DISTRICT. PRESENT RESIDING AT FLAT NO.515, LODHA, CASA PARADISO SANATHNAGAR, HYDERABAD-500018, TELANGANA STATE. ...PETITIONER AND 1. EMMADI SRAVYA, W/o.Purna Chand, D/o.Venkata Ramanjaneyulu, Age about 26 years, R/o.H.no.5-403, Kurichedu Road, DVS Nagar, Darsi mandal, prakasam District. Presently residing at Plot no.A205, Sumadhura Acropolis 148, Serlingampally, Hyderabad-500032. ...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 3 pleased topleased to allow the above present CRP by setting aside the Dismissal order, dated 01-09-2025, passed in I.A.No.670/2025, in H.M.O.P.No.45/2023, on the file of the Court of the Principal Civil Judge (Senior Division), Narasaraopet, Guntur District in the interest of justice, and may pass 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 pleased to dispense with the filing of the certified order copy of in Dismissal Order dt.01.09.2025 passed in I.A.No.670/2025 in H.M.O.P.No.45/2023 on the file of the Court of the Principal Civil Judge (Senior Division), Narasaraopet, Guntur District, and pass 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 pleased to stay all further proceedings in H.M.O.P.No.45/2023 on the file of the Court of the Principal Civil Judge (Senior Division), At Narasaraopet, Guntur District, pending disposal of the Civil Revision Petition and pass Counsel for the Petitioner: 1. BURLA SIVA RAMA KRISHNA Counsel for the Respondent: 1. THANDAVA YOGESH 4 The Court made the following Common Order: The respondent herein had filed H.M.O.P.No.45 of 2023, before the Principal Senior Civil Judge, Narsaraopet. In the course of the trial, P.W.2 has been examined on 02.07.2025 and thereafter, the matter was posted to 09.07.2025 for cross examination of P.W.2. As P.W.2 was not present on that day, the matter was again posted to 10.07.2025, on which date also, P.W.2 was not present. However, P.W.2 was present on 16.07.2025 and 23.07.2025. The cross examination could not be taken up because neither the petitioner nor his counsel was present and ready to take up cross examination. The suit was adjourned to 28.07.2025 and 31.07.2025, for giving further opportunity to the petitioner for getting P.W.2 cross examined. As there was no appearance for the petitioner and his counsel on that day, the trial Court, on 31.07.2025, had passed a speaking order treating the cross examination of the petitioner as ‘Nil’ cross examination. 2. Aggrieved by this Order, the petitioner moved an I.A.Nos.669 & 670 of 2025, for reopening the cross examination of P.W.2 and permitting cross examination of P.W.2. These applications were dismissed on 01.09.2025. Aggrieved by the said orders of dismissal, the petitioner has approached this Court by way of these present Civil Revision Petitions. 3. Heard Sri Burla Siva Rama Krishna, learned counsel for the petitioner and Sri Thandava Yogesh, learned counsel appearing for the respondent. 5 4. There is no cogent explanation for the absence of the petitioner and his counsel on all the aforesaid dates, and the order of the trial Court was a reasonable order in the circumstances of the case. However, the fact remains that the H.M.O.P was filed in the year 2023 and P.W.2 was examined in July-2025. It would be appropriate that an opportunity of cross examination is given to the petitioner to ensure that the decision, in H.M.O.P.No.45 of 2023, would be a decision on the merits and after an adequate opportunity has been given to the petitioner. 5. This Court, being inclined to allow these Civil Revision Petitions, on this sole ground, had inquired with both the learned counsels as to the date on which cross examination would be taken up and both counsels, after obtaining instructions from their clients, had indicated that 28.11.2025 would be convenient for both sides. 6. In the circumstances, these Civil Revision Petitions are disposed of setting aside the order, dated 01.09.2025, with a further direction to the learned Principal Senior Civil Judge, Narsaraopet, to take up cross examination of P.W.2, on 28.11.2025. In the event of the petitioner failing to get said cross examination done on that date, either for the reason of his absence or absence of his counsel, the evidence of P.W.2 shall stand closed and the trial Court may take up further steps. 7. In view of the fact that there has been a lot of hardship caused to P.W.2, who is the mother of the respondent herein and has to travel from 6 Hyderabad on every date of hearing, it would be appropriate that the petitioner pay costs of Rs.5,000/- to the respondent. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J. Dated: 14.11.2025 BSM 7 HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO Civil Revision Petition Nos.3002 & 3003 of 2025 14-11-2025 BSM