APHC010235182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NOs: 1455, 1457, 1459 of 2024 C.R.P.No.1455 of 2024 Between: 1. KAMEPALLI NAGA MANEMMA, W/O.LATE RANGANAYAKULU, AGED ABT 56 YEARS, R/O.SRINIVASA THOTA, GUNTUR CITY, ANDHRA PRADESH. ...PETITIONER AND 1. KAMEPALLI NARASIMHA RAO, S/O.PEDA HANUMAIAH, AGED ABOUT 58 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL PRAKASHAM DISTRICT. 2. KAMEPALLI ANIL KUMAR, S/O NARSIMHA RAO, AGED ABOUT 29 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL PRAKASHAM DISTRICT. 3. KAMEPALLI SUBBA RAO, S/O.PEDA HANUMAIAH, AGED ABOUT 55 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 4. YENUGANTI TIRUPATHAMA, (DIED). 5. CHUNDURU BHAGYA LAKSHMI, W/O.KOTESWARA RAO, AGED ABOUT 63 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT 6. CHUNDURU KOTESWARA RAO, (DIED) 2 ...RESPONDENT(S): 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 tobegs to present the Memorandum of Civil Revision Petition being aggrieved by the order dated 04.04.2024 passed in I.A.No.674 of 2023 in O.S.No.196 of .2013 by the Court of the IV Additional District Judge, Guntur IA NO: 1 OF 2024 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 0 S.No.6.14 of 2013 by the Court of the la Additional District Judge, Guntur, pending disposal of the CRP and pass Counsel for the Petitioner: 1. ANAND KUMAR KOCHIRI Counsel for the Respondent(S): 1. N SRIRAM MURTHY C.R.P.No.1457 of 2024 Between: 1. KAMEPALLI NAGA MANEMMA,, W/O.LATE RANGANAYAKULU, AGED ABT 56 YEARS, R/O.SRINIVASA THOTA, GUNTUR CITY, ANDHRA PRADESH. ...PETITIONER AND 1. KAMEPALLI NARASIMHA RAO, S/O.PEDA HANUMAIAH, AGED ABOUT 58 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 2. KAMEPALLI ANIL KUMAR, S/O. NARSIMHA RAO, AGED ABOUT 29 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 3. KAMEPALLI SUBBA RAO, S/O.PEDA HANUMAIAH, AGED ABOUT 55 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, 3 PRAKASHAM DISTRICT. 4. YENUGANTI TIRUPATHAMA, (DIED). 5. CHUNDURU BHAGYA LAKSHMI, W/O.KOTESWARA RAO, AGED ABOUT 63 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 6. CHUNDURU KOTESWARA RAO, (DIED) ...RESPONDENT(S): 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 set-aside the order dated 04.04.2024 passed in I.A.No.779 of 2023 in O.S.No.196 of 2013 by the Court of the IV Additional District Judge, Guntur and allow the lA as prayed for and pass IA NO: 1 OF 2024 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 O.S.No. 196 of 2013 by the Court of the IV Additional District Judge, Guntur, pending disposal of the CRP and pass Counsel for the Petitioner: 1. ANAND KUMAR KOCHIRI Counsel for the Respondent(S): 1. N SRIRAM MURTHY C.R.P.No.1459 of 2024 Between: 1. KAMEPALLI NAGA MANEMMA, W/O.LATE RANGANAYAKULU, AGED ABT 56 YEARS, R/O.SRINIVASA THOTA, GUNTUR CITY, ANDHRA ...PETITIONER AND 1. KAMEPALLI NARASIMHA RAO, S/O.PEDA HANUMAIAH, AGED 4 ABOUT 58 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 2. KAMEPALLI ANIL KUMAR, S/O. NARSIMHA RAO, AGED ABOUT 29 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL PRAKASHAM DISTRICT. 3. KAMEPALLI SUBBA RAO, S/O.PEDA HANUMAIAH, AGED ABOUT 55 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL PRAKASHAM DISTRICT. 4. YENUGANTI TIRUPATHAMA, (DIED). 5. CHUNDURU BHAGYA LAKSHMI, W/O.KOTESWARA RAO, AGED ABOUT 63 YEARS, R/O.BOMMANAMPADU VILLAGE, ADDANKI MANDAL, PRAKASHAM DISTRICT. 6. CHUNDURU KOTESWARA RAO, (DIED) ...RESPONDENT(S): 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 04.04.2024 passed in I A.No.780 of 2023 in O.S.No 196 of 2013 by the Court of the IV Additional District Judge, Guntur and allow the lA as prayed for and pass such IA NO: 1 OF 2024 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 stay all further proceedings in O S No.780 of 2013 by the Court of the IX Additional District Judge, Guntur, pending disposal of the CRP and pass such Counsel for the Petitioner: 1. ANAND KUMAR KOCHIRI Counsel for the Respondent(S): 1. N SRIRAM MURTHY The Court made the following: 5 COMMON ORDER: Impugning the orders passed in I.A.No.674 of 2023, I.A.No.779 of 2023 and I.A.No.780 of 2023 in O.S.No.196 of 2013, on the file of IV Additional District Judge, Guntur, the present civil revision petitions are filed. 2. Heard Sri Anand Kumar Kochiri, learned counsel for the petitioner and Sri Sreerama Murthy, learned counsel for the respondents. 3. Learned counsel for the petitioner submitted that the petitioner is the plaintiff got filed suit in O.S.No.196 of 2013 on the file of IV Additional District Judge, Guntur, for declaration of title and for recovery of possession. After examination of D.Ws.1 to 3, the petitioner/plaintiff filed I.A.674 of 2023 to recall D.W.1 for further cross examination and also filed I.A.Nos.779 and 780 of 2023 to recall D.Ws.2 & 3 for further cross examination. The said applications were dismissed on the ground that petitioner called absent and there was no representation on behalf of the petitioner. If the said orders are allowed to subsist, the rights of the petitioner will be affected. As such, prayed to allow the civil revision petitions by setting aside the orders passed in I.A.Nos.674 of 2023, 779 of 2023 & 780 of 2023 and to direct the trial Court to decide the above said interlocutory applications on merits. 4. On the other hand, learned counsel for the respondents/defendants submitted that the trial Court had put a condition that petitioner should get ready with interlocutory applications; however, despite such direction, there was no representation on behalf of the petitioner and therefore the said 6 applications were rightly dismissed. No indulgence may be shown on the petitioner and, the civil revision petitions are liable to be dismissed. 5. Perused the record and considered the submissions of both the learned counsel. 6. A perusal of the orders impugned in I.A.Nos.674 of 2023, 779 of 2023 & 780 of 2023, they are very cryptic and the Court simply stated that though conditional order was passed on the last adjournment, the petitioner was called absent and there was no representation. What condition was imposed has not specifically stated in the impugned orders. 7. Legal principles and judicial precedents strongly emphasize that Courts should make every endeavor to ensure cases are disposed of on their merits, rather than on technical defaults or ex parte. The overreacting legal objective is to achieve substantive justice rather than allowing procedural technicalities to deny a fair hearing. 8. To meet the ends of justice, this Court is inclined to consider the petitioner’s case and is inclined to grant one more fair opportunity to argue I.A.Nos.674 of 2023, 779 of 2023 and 780 of 2023 before the trial Court. Accordingly, the orders impugned are set aside and the said interlocutory applications are restored to the file of the trial Court. The trial Court is directed to hear both the parties and pass speaking orders in that regard by fixing a date. The petitioner shall get ready with the arguments in the said interlocutory applications and shall not seek any further adjournment. 7 9. Accordingly, the Civil Revision Petitions are allowed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27th January, 2026 JLV 8 283 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NOs: 1455, 1457, 1459 of 2024 Date: 27th January, 2026 JLV