APHC010073062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 531/2026 Between: 1. SRI BHEEMARASETTI NAGESWARA RAO,, S/O JAGGA RAO AGED 67 YEARS, R/O D.NO.48-6-57, SRINAGAR COLONY, VISAKHAPATNAM-530 016. ...PETITIONER AND 1. M/S MARGADARSI CHIT FUND P LTD, NAD BRANCH, VISAKHAPATNAM, REP BY ITS MANAGER, S.SRINIVASA RAO, S/O S.V.R. MURTHY, AGED 58 YEARS. RESIDING AT VISAKHAPATNAM. 2. SRI KOMMURU LOKESWARA SRINIVAS, S/O GOVINDA RAO, AGED 56 YEARS, R/O 202, JAYA RESIDENCY, DASPALLA HILLS, VISAKHAPATNAM. 3. SRI KILLI SESHU MOHANA APPALA NAIDU, S/O LAKSHMANA RAO, AGED 40 YEARS, R/O 5-3-41, AMUDALAVALASA, SRIKAKULAM DISTRICT. 4. SRI JAMMI RAVI BABU, S/O SIMHACHALAM, AGED 45 YEARS, R/O 5-3-41, AMUDALAVALASA SRIKAKULAM DISTRICT. 5. SMT KOMMURU VENKATA DURGA NAGA MALLESWARI, W/O LOKESWARA SRINIVAS, R/O 202, JAYA RESIDENCY, DASPALLA HILLS, VISAKHAPATNAM. ...RESPONDENT(S): 2 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 tomay be pleased to set aside the Order dated 31.03.2022 passed in E.P.No.14 OF 2019 in 0.S.N0.578 OF 2004, on the file of II Additional Senior Civil Judge, Visakhapatnam, and pass such IA NO: 1 OF 2026 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 condone the delay of 1322 days in preferring the revision against the orders in Order dated 31.03.2022 passed in E.P.No.14 OF 2019 in 0.S.N0.578 OF 2004, on the file of II Additional Senior Civil Judge, Visakhapatnam, and pass such IA NO: 2 OF 2026 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 dispense with the filing of the certified copy of order dated 31.03.2022 in E.P. 14 of 2019 in O.S.578/2004 on the file of the II Additional Senior Civil Judge, Visakhapatnam, and pass such IA NO: 3 OF 2026 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 grant stay of all further proceedings in E.P.14 of 2019 in O.S.578/2004 on the file of the II Additional Senior Civil Judge, Visakhapatnam, and pass such Counsel for the Petitioner: 1. B.MADHU Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO.531 OF 2026 ORDER:- Heard Sri B. Madhu, learned counsel for the Petitioner / 3rd Judgment Debtor. 2. This Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, has been filed by the Petitioner / 3rd Judgment Debtor. 3. The suit filed by the Plaintiff / Respondent in O.S.No.578 of 2004, was decreed by the learned II Additional Senior Civil Judge, Visakhapatnam [referred to as ‘the Trial Judge’] on 05.11.2009. Thereafter, the Plaintiff / Decree Holder filed a petition under Order XXI Rules 37 and 38 of C.P.C. In E.P.No.14 of 2019, the learned Execution Court passed the orders on 31.03.2022. The operative portion of the E.P. order, reads as under: “In the result the petition is allowed with costs, in favour of the Petitioner / Decree Holder and against the 3rd Respondent / 3rd Judgment Debtor, permitting the Petitioner to commit the 3rd Respondent to Civil Prison, on his failure to pay the E.P. amount, on payment of process call on 02.05.2022.” 4. Challenging the order dated 31.03.2022, the Civil Revision Petition has been filed by the Petitioner / 3rd Judgment Debtor with a delay of 1332 days. 5. I.A.No.1 of 2026 has been filed to condone the delay of 1332 days. The affidavit filed in support of the application, in Para-2, reads as under: “2. xxx I further submit that I strongly contested the E.P as I have no means to satisfy the decree movable immovable. Inspite of the same the Honourable Court wrongly concluded that I have means to pay. The Honourable Court erroneously allowed E.P.14 of 2019 the same is under challenge by me. I submit that initially I was in constant touch with my advocate and there after due to my domestic, financial and due to age related health issues I lost touch with my counsel and recently when I contacted my counsel he informed me that 4 E.P.14 of 2019 was allowed on 31.03.2022 permitting the decree holder to commit me to civil prison on failure to pay the E.P. amount.xxx” 6. Learned counsel for the Petitioner submits that the aforesaid is sufficient cause for condoning the delay in preferring the Civil Revision Petition. 7. A clear finding has been recorded in the E.P. order that the Petitioner / 3rd Judgment Debtor has means to pay the E.P. amount to the Decree Holder, which order was passed after hearing the Petitioner / 3rd Judgment Debtor. 8. On considering the aforesaid Para-2, this Court is not convinced with the submissions advanced by the learned counsel for the Petitioner. There is absolutely no cause much less sufficient cause is coming forth to justify inordinate delay of 1332 days. 9. I do not find any sufficient cause to condone the delay. 10. The application in I.A.No.1 of 2026 is rejected. 11. The Civil Revision Petition is dismissed as barred by limitation. There shall be no order as to costs. As s sequel, interlocutory applications pending, if any, shall stand closed. ____________________ RAVI NATH TILHARI, J Date: 20.02.2026 MS 5 THE HON’BLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO.531 OF 2026 Date: 20.02.2026 MS