1 VS,J CRP.No.10 of 2025 APHC010000272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 10/2025 Between: 1. BILLURI APURVA, W/O DR. ADENA SANDEEP KUMAR REDDY, D/O BILLURI SIVA REDDY, REPRESENTED BY GPA HOLDER BILLURI SIVA REDDY, S/O B.NARSI REDDY. AGED ABOUT YEARS,63 R/O D.NO.39/588-10, ARAVIND NAGAR, BAPUJI ROAD, PATEL ROAD, KADAPA CITY, KADAPA DISTRICT. ...PETITIONER AND 1. ADENA SANDEEP KUMAR REDDY, S/o A Subba Reddy, Employee, Aged about 38 years, R/o D.No. 1/346- Opposite District Court, Maruthi Nagar, Kadapa City, Kadapa District, Now residind at 1-411, Sri Srinivas Nilayam, Flat No. 101 ,Besides Prasanna Anjaneya Temple, Maruthi Nagar, Kadapa City, Kadapa 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 toppellant begs to present this Memorandum of Civil Miscellaneous Appeal against Aggrieved by the order dated 14-12- 2024 passed in I.A.N0.255 of 2024 in F.C.O.P.No.217 of 2023 on the file of FAMILY COURT -CUM-VI ADDITIONAL DISTRICT AND SESSION JUDGE KADAPA IA NO: 1 OF 2025 2 VS,J CRP.No.10 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 Certified Copy of the order passed in IA.No.255 of 2024 dated 14.012.2024 in F.C.O.P.No.217 of 2023 passed by the FAMILY COURT - CUM-VI ADDITIONAL DISTRICT AND SESSION JUDGE KADAPA 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 of all further proceedings in F.C.O.P.No.217 of 2023 passed by the FAMILY COURT - CUM-VI ADDITIONAL DISTRICT AND SESSION JUDGE KADAPA and pass Counsel for the Petitioner: 1. MORTHA SRINU BABU Counsel for the Respondent: 1. SHAIK AFZAL MOHAMMED The Court made the following: 3 VS,J CRP.No.10 of 2025 ORDER: This Civil Revision Petition is filed by the petitioner/wife under Article 227 of the Constitution of India aggrieved by the order passed by the learned Family Court-cum-VI Additional District and Sessions Judge, Kadapa, dated 14.12.2024 in I.A.No.255 of 2024 in F.C.O.P.No.217 of 2023, whereby, the Court below dismissed the application filed by the petitioner/wife under Order IX Rule 7 of the Code of Civil Procedure (for short ‘CPC’) for setting aside the exparte order dated 29.04.2024 passed against her. 2. Brief facts of the case are as under: (a) The marriage of petitioner/wife and respondent/husband was solemnized on 26.07.2020 in the presence of elders as per the Hindu rites and customs and thereafter, few conjugal disputes arose between them during their wedlock. Subsequently, the respondent/husband left to USA on 28.12.2020 for job and on 28.04.2021, the petitioner/wife gave birth to a child. As the petitioner/wife relocated to USA to pursue further studies, leaving behind the minor child with her parents, the respondent/husband returned to India in September, 2022 and requested his in-law’s to hand over his son. But, as the minor child was not handed over to the respondent/husband and due to few conjugal disputes between the spouses, the respondent/husband instituted F.C.O.P.No.217 of 2023 on the file of Court of the VI Additional 4 VS,J CRP.No.10 of 2025 District Judge, Family Court, Kadapa seeking a decree of divorce dissolving the marriage that took place on 26.07.2020 between the spouses. (b) In the said FCOP, the petitioner/wife was set exparte by the Court below vide order dated 29.04.2024 and to set-aside the exparte order, she filed I.A.No.255 of 2024 under Order IX Rule 7 of CPC requesting the Court below to set-aside the exparte order dated 29.04.2024 and to permit her to contest the case. However, the trial Court, dismissed the application filed by her vide the impugned order dated 14.12.2024 on the ground that the petitioner/wife failed to assign reasons for her absence before the Court below earlier. Aggrieved by the said order, the petitioner filed this revision petition. However, subsequently, on 03.01.2025, the Court below has passed a decree of divorce. 3. When the civil revision petition came up for admission on 06.01.2025, this Court has suspended the operation of the order passed by the learned Judge, Family Court, Kadapa, dated 03.01.2025 in F.C.O.P.No.217 of 2023, initially for a period of three (3) days, which was thereafter extended from time to time. 4. Heard Sri. Mortha Srinu Babu, learned counsel for the petitioner and Sri. Shaik Afzal Mohammed, learned counsel for the respondent. 5 VS,J CRP.No.10 of 2025 5. During the course of arguments, learned counsel for the petitioner brought to the notice of this Court that vide order dated 03.01.2025, the learned Judge, Family Court, Kadapa granted decree of divorce in F.C.O.P.No.217 of 2023 and that the cause in the present civil revision petition would not survive for further adjudication. However, learned counsel for the petitioner sought liberty to file an appeal before the appellate Court against the order dated 03.01.2025. Learned counsel for the respondent did not object for the said submission. 6. In view of the fact that a decree of divorce was passed by the Court below on 03.01.2025 in F.C.O.P.No.217 of 2023, this Court is of the opinion that the cause in this civil revision petition would not survive for further adjudication and accordingly, this revision petition is dismissed. However, the petitioner is at liberty to file an appeal before the appropriate Court against the order dated 03.01.2025 as expeditiously as possible and the Court below shall number such appeal and take the same on record without raising any objection with regard to limitation. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date:22.11.2025 Gss