APHC010056912023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: Between: Guntur S L V S N M N Swamy Kothamasu Subba Rao Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent: 1. PARTY IN PERSON IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 301/2023 Guntur S L V S N M N Swamy AND ...RESPONDENT Counsel for the Petitioner: NIMMAGADDA REVATHI Counsel for the Respondent: PARTY IN PERSON IN THE HIGH COURT OF ANDHRA PRADESH [3460] THURSDAY, THE TWENTIETH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 301 of 2023 ORDER: The present revision petition is filed questioning the Order dated 08.12.2022 passed in I.A.No.3435 of 2022 in O.S.No.236 of 2018 on the file of the learned Principal Junior Civil Judge, Addanki. 2. The petitioner herein is the defendant in the suit. 3. The respondent filed the suit in O.S.No.236 of 2018 for recovery of amount on the strength of two promissory notes said to have been executed by the defendant on 28.01.2016 and 05.08.2016 for Rs.2,50,000/- and Rs.2,00,000/-, respectively undertaking to repay the same with interest @ 18% per annum on demand. 4. It was also pleaded that prior to institution of the suit, the plaintiff filed O.S.No.28 of 2017 with regard to the amounts made under two promissory notes dated 24.09.2015 and 02.06.2016 for an amount of Rs.3,00,000/- and Rs.3,50,000/-, respectively executed by the defendant and parallelly, he filed creditor I.P.No.5 of 2017 against the defendant. 5. At that stage, the defendant promised to settle the dispute with the plaintiff and paid the amount due under two promissory notes and agreed to pay the amounts due under the remaining 3 promissory notes. The defendant filed written statement disputing the claim and contended that the plaintiff agreed to withdraw all his claims under four promissory notes covered under O.S.No.28 of 2017 and I.P.No.5 of 2017 and accordingly, the defendant paid an amount of Rs.10,00,000/- in favour of the plaintiff, as agreed and an award to that effect was also passed before the Lok Adalat on 06.10.2017 and compromise was recorded in O.S.No.28 of 2017. 6. After the evidence of the plaintiff and when the suit was coming for the evidence of the defendant, an application was filed by the petitioner herein/defendant under Order VIII Rule 1-A (3)C.P.C., requesting the trial Court to receive the certified copy of I.P.No.5 of 2012 along with advance petition annexed thereto whereunder the respondent/plaintiff sought for advance hearing of the I.P, stating that he compromised the matter with the respondent in said I.P. This application was opposed by the respondent/plaintiff. The trial Court passed an order rejecting the application and hence, the present Civil Revision Petition. 7. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner. 8. On 30.01.2025, this Court has heard learned counsel for the petitioner and as there was no representation for the respondent/party-in-person, the case was adjourned to today. Even 4 today, there is no representation for the respondent. Hence, the matter is taken up and is disposed of on merits. 9. Having heard the petitioner, this Court is of the opinion that there is no dispute of I.P.No.5 of 2017 having been ended in a compromise as this fact is referred even in the plaint of the present case. As the documents filed by the petitioner are only with reference to the plea taken by the plaintiff himself, the trial Court could not have rejected it on the ground that the application could not be filed earlier. In fact, it was the obligation of the plaintiff to file said document, as the same was referred in the plaint. 10. Therefore, the Order dated 08.12.2022 passed by the learned Principal Junior Civil Judge, Addanki in I.A.No.3435 of 2022 in O.S.No.236 of 2018 is set-aside. 11. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 20.02.2025 MDP