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High Court of Andhra Pradesh · body

2025 DAILYLAW 8254 (AP)

BUSI ROJA MANI ALIAS YEDUKONDALU VENKATA RAMANA v. GOLLAMANDULA SANTHA KUMARI

CRP/505/2025 · 2025-07-17

K Suresh Reddy

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010087362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■ (■ FRIDAY, THE EIGHTEENTH DAY OF JULY L TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 505 OF 2025 Petition under Article 227 of the Constitution of India, Civil Revision Petition having been aggrieved by the Order dated 11.3.2024 passed in I.A.No.767of 2023 in O.S.No.190 of 2020 Additional Junior Civil Judge, Narasapuram. Between: on the file of Honourable I 1. Busi Roja Mani Alias Yedukondalu Venkata Ramana, W/o late Busi Vandanam, aged 54 years, C/o Lachanna, Advocate, Himaliwada Nr. Water Tank, Church of South India Diocese of Medak, CSI Wesley Church, Mandcheriala Pastorate, Mancherial District, Telangana. 2. Gande vijaya W/o Nitin Kumar, aged 32 Laxminagaram, Road No.4, Mancherial District, Telangana. D/o late Busi Vandanam, Aged 29 years, C/o Lachanna, Advocate, Himaliwada, Nr. Water Tank,. Church of South India Diocese of Medak, CSI Wesley Church, Mandcheriala Pastorate, Mancherial District, Telangana and presently residing at Dilsukhnagar, Hyderabad. years. Resident of } 1 3. Busi manikya Kumari 4. Busi Raju @ Kamal Raju,, S/o late Busi Vandanam C/o Lachanna, Advocate, Himaliwada South India Diocese of Medak, Aged 27 years. Nr. Water Tank, Church of CSI Wesley Church, Mandcheriala f Pastorate, Komarambheem District. Mancherial District, Telangana and presently working at ...PETITIONER/S AND Gollamandula Santha Kumari, W/o Chandra Sekhar Resident of Kothapalem Serepalem District. Aged 54 years, Mogalthur Mandal, West Godavari ...RESPONDENT lA 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 stay all the further proceedings in O.S.No.l90 of 2020 by the Honourable I Additional Junior civil Judge-cum- Additional Judicial Magistrate of 1 Class, Narasapuram. Counsel for the Petitioners : SRI GOWRI SANKAR CHEEKATLA Counsel for the Respondent: SRI SARASCHANDRA BABU JAKKAMSETTY The Court made the following ORDER : ' / APHC010087362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 505/2025 Between: 1.BUSI ROJA MANI ALIAS YEDUKONDALU VENKATA RAMANA, W/0 LATE BUSI VANDANAM, AGED 54 YEARS, C/0 LACHANNA, ADVOCATE, HIMALIWADA, NR. WATER TANK, CHURCH OF SOUTH OF MEDAK, CSI WESLEY CHURCH, PASTORATE, MANCHERIAL DISTRICT, INDIA DIOCESE MANDCHERIALA TELANGANA. 2.GANDE VIJAYA,, W/0 NITIN KUMAR, AGED 32 YEARS. RESIDENT OF LAXMINAGARAM, ROAD N0.4 TELANGANA. MANCHERIAL DISTRICT, 3.BUSI MANIKYA KUMARI, , D/0 LATE BUSI VANDANAM, AGED 29 YEARS, C/0 LACHANNA, ADVOCATE, HIMALIWADA, NR. WATER TANK, CHURCH OF SOUTH INDIA DIOCESE OF MEDAK, CSI WESLEY CHURCH, MANDCHERIALA PASTORATE, MANCHERIAL DISTRICT, TELANGANA AND PRESENTLY RESIDING AT DILSUKHNAGAR, HYDERABAD. 4. BUSI RAJU @ KAMAL RAJU„ S/0 LATE BUSI VANDANAM, AGED 27 YEARS, C/O LACHANNA, ADVOCATE, HIMALIWADA, NR. WATER TANK, CHURCH OF SOUTH INDIA DIOCESE OF MEDAK, CSI WESLEY CHURCH, MANDCHERIALA PASTORATE, MANCHERIAL DISTRICT, TELANGANA AND PRESENTLY WORKING AT KOMARAMBHEEM DISTRICT. ...PETITIONER(S) AND 2 I.GOLLAMANDULA SANTHA KUMARI, W/o Chandra Sekhar, Aged 54 Resident of Kothapalem Serepalem, Mogalthur Mandal, West years, Godavari 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 begs to present this Memorandum of Civil Revision Petition having been aggrieved by the Order dated 11.3.2024 passed in I.A.No.767 of 2023 in O.S.No.190 of 2020, on the file of Honourable I Additional Junior civil Judge, Narasapuram lA 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 stay all the further proceedings in O.S.No.190 of 2020 by the Honourable I Additional Junior civil Judge-cum- Additional Judicial Magistrate of 1 Class, Narasapuram and pass Counsel for the Petitioner(S): 1.GOWRI SANKAR CHEEKATLA Counsel for the Respondent: 1.SARASCHANDRA BABU JAKKAMSETTY 3 f’LA The Court made the following ORDER: The defendants in O.S.No. 190/2020 on the file of I Additional Junior Civil Judge, Narasapuram, filed the present Civil Revision Petition under Article 227 of the Constitution of India questioning the order dt. 11.03.2024 passed in I.A.No.767/2023. 2. The respondent herein filed the above suit for recovery of money on the basis of a promissory note. On behalf of the plaintiff, PWs 1 to 3 were examined and the defendants’ counsel also cross-examined them. After closure of the plaintiffs side evidence, the plaintiff filed I.A.No.767/2023 seeking to recall PW.1 and to mark the account statement of her husband. Said I.A. was allowed by docket order dt. 11.03.2024, which is impugned in the present C.R.P. 3. Learned counsel for the petitioners contends that the plaintiff filed I.A. with following prayer: “For the reasons disclosed in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to reopen the matter from the Respondents / defendants’ side evidence and permit the petitioner to lead her further chief examination evidence and to mark the statement of account of petitioner’s husband lying in State Bank of India, Mogaltur branch Account No,00000030409156859 from 01.07.2018 to 31.12.2018.” 4. Learned counsel for the petitioners states that in the prayer it is pleaded that to reopen the matter from the respondents / defendants’ side evidence and permit the petitioner to lead her further chief examination evidence and to mark the statement of account of the husband of plaintiff. He further contends 4 that the defendants’ side evidence was not yet commenced and as such, the suit from the respondents / defendants side question of reopening the evidence does not arise. As such, the learned Judge ought to have returned the petition. other hand, learned counsel for the respondent / plaintiff states typographical error crept in drafting the petition in I.A.No.767/2023, whereas in I.A.No.768/2023, it is correctly mentioned as plaintiffs side evidence to recall PW.1. But, the learned Junior Civil Judge passed the order, which reads as follows; “This is a petition filed by the petitioner / Plaintiff to recall P.W.1 to mark the account statement of her husband which was issued by State Bank of India, Mogalthur. Xxxxxxxxxx 5. On the that it is only a behalf of Plaintiff, PW.1 to P.W.3 were Perused the record. Admittedly, on examined, application along with document petition which is husband. Therefore, her evidence is recalled and also matter is reopened for Plaintiff When matter posted for Defendant side evidence. Petitioner filed present the account statement of her further chief examination. 6. This Court perused the entire material. As seen from the prayer portion of l.A.No.767/2023, it is only due to inadvertence and mistakenly it was typed respondents / defendants’ side evidence, but the learned trial Judge has passed the order correctly stating as plaintiff’s side evidence. 7. Hence, there are no grounds to interfere with the impugned order. as 5 Accordingly, this Civil Revision Petition is dismissed at the admission stage. No order as to costs. As a sequel, interlocutory applications pending, if any, shall also stand closed. SD/- K.TATARAO DEPUTY REGISTRAR 0 //TRUE COPY// SECTION OFFICER To, 1. The I Additional Civil Judge (Junior Division)-cum- Additional Judicial St Class, Narasapuram, West Godavari District. Magistrate of 1 2. One CC to Sri. Gowri Sankar Cheekatia Advocate [OPUC] 3. One CC to Sri. Saraschandra Babu Jakkamsetty Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Agiaravathi ; 5. Two CD Copies mkp TAC HIGH COURT DATED:18/07/2025 ORDER CRP NO. 505 OF 2025 DISMISSING THE CRP