APHC010570702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, the Thirteenth day of February Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 3073 of 2025 Between: Neeruguttu Shaik Baba Sab ...Petitioner and Neeruguttu Shaik Baba Fakruddin and others ...Respondents Counsel for the petitioner: 1. Ineni Venkata Prasad Counsel for the respondents: 1. Ayesha Azma S. The Court made the following: 2 C.R.P.No.3073 of 2025 ORDER: This petition is filed under Article 227 of the Constitution of India against the order dated 04.09.2025 dismissing the petition in I.A.No.444 of 2025 in O.S.No.133 of 2017 on the file of the Court of Civil Judge (Senior Division), Kadiri filed under Section 148 r/w. Section 151 C.P.C. to grant 15 days time for producing all witnesses in the suit. 2. The petitioner filed the suit for partition. The petitioner filed I.A.No.396 of 2025 under Section 148 r/w. Section 151 C.P.C. to grant 20 days time to adduce further evidence of the plaintiff. On 18.08.2025, the petition was allowed on the conditions to pay costs of Rs.200/- to the contesting defendants on or before 04.09.2025 and to produce affidavits in chief-examination of all the witnesses for the plaintiff on 04.09.2025 without any fail or else it would be treated that the plaintiff had no further evidence and the matter would be proceeded with as per law. 3. On 04.09.2025, I.A.No.444 of 2025 was filed seeking further time to comply the condition in the order in I.A.No.396 of 2025 with regard to filing of the affidavits of the witnesses, stating that the petitioner could not produce the witnesses due to fever and bodily pains and as such, he could not gather the witnesses. The petition was dismissed on the same day holding that there are no bona fides in seeking adjournment. 4. Aggrieved by the order, this revision petition was filed stating that the petitioner needs time to adduce further evidence and to prove his case in the suit; that there was no fair partition between the plaintiff and the defendants, but the petition was dismissed by the trial Court without considering the submission of the petitioner that he could not gather the witnesses due to ill-health. 3 C.R.P.No.3073 of 2025 5. The learned counsel for the revision petitioner filed a memo dated 13.02.2026, along with copies of two affidavits sworn on 04.09.2025 in chief-examination of P.Ws.2 and 3 by names J.Ganganna, S/o. J.Venkataswamy and Sk.Rizwana, W/o. Sk.Mahaboob Basha @ Mabasha, to show the bona fides of the petitioner to lead the evidence. He further submitted that if a chance is given, no further delay would be made. 6. Though notice was served on the respondent No.1, no appearance has been made. 7. The respondents Nos.3 and 4 are shown as not necessary parties. 8. The learned counsel for the respondents Nos.2 and 5 supported the order of the trial Court and further submitted that the evidence of the defendants is in progress. 9. In view of the fact that the condition to the extent of making payment of cost was complied on 04.09.2025, but affidavits of the witnesses were not presented to the Court, though sworn on 04.09.2025, to give a fair opportunity to the petitioner as there are no willful latches on his part and to adjudicate the matter on merits, rather than shutting the evidence on technical grounds, this Court is of the view that the trial Court ought to have granted a short time with further conditions, if necessary, instead of dismissing the petition. 10. As such, the revision petition is allowed setting aside the order dated 04.09.2025 in I.A.No.444 of 2025 in O.S.No.133 of 2017 on the file of the Court of Civil Judge (Senior Division), Kadiri and the petition therein is allowed on the conditions that the petitioner shall pay the contesting defendants together costs of Rs.2,000/- within one week from the date of receipt of copy of this order and file before the trial 4 C.R.P.No.3073 of 2025 Court the affidavits in chief-examination of P.Ws.2 and 3 on or before the date fixed by the trial Court after payment of costs. If the petitioner fails to comply any of the conditions, the petition stands dismissed without any further order. Pending miscellaneous applications, if any, shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated: 13.02.2026 GRL / NSM 5 C.R.P.No.3073 of 2025 104 The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 3073 of 2025 Dated: 13.02.2026 GRL / NSM