APHC010592662025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: Between: 1. CHALLA VENKATESWARLU, S/O.CHENCHIT REDDY, AGED ABOUT 53 YEARS, OCC WORKING AS TEACHER AND AGRICULTURIST, R/O.KAKURUVARI PALLI VILLAGE, ANANTHSAGARAM MANDAL SPSR NELLORE DISTRICT. 1. KAKURU SUDHAKAR REDDY, about 47 years, Occ Cultivation and Business, R/o.Kakuruvari Palli Village, Ananthsagaram Mandal, SPSR Nellore District. 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 toallow the C.R.P. by setting aside the Order passed in I.A.No.26 of 2019 in O.S.No.269 of 2005, Dated 22.09.2025 on the file of the Court of the Principal Junior Civil Ju Districtand to pass appropriate orders and pass IA 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 suspend the operation of the Impugned Orders, dt.22.09.2025 in I.A.No.26/2019 in O.S.No.269 of 2005, on the file of the Principal Junior Civil IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 2988/2025 CHALLA VENKATESWARLU, S/O.CHENCHIT REDDY, AGED ABOUT 53 YEARS, OCC WORKING AS TEACHER AND AGRICULTURIST, R/O.KAKURUVARI PALLI VILLAGE, ANANTHSAGARAM MANDAL SPSR NELLORE DISTRICT. ...PETITIONER AND KAKURU SUDHAKAR REDDY, S/o.Venkata Narasa Reddy, Aged about 47 years, Occ Cultivation and Business, R/o.Kakuruvari Palli Village, Ananthsagaram Mandal, SPSR Nellore District. ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the tances stated in the grounds filed herein,the High Court may be pleased topleased toallow the C.R.P. by setting aside the Order passed in I.A.No.26 of 2019 in O.S.No.269 of 2005, Dated 22.09.2025 on the file of the Court of the Principal Junior Civil Judge, at Atmakur, SPSR Nellore Districtand to pass appropriate orders and pass 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 d to suspend the operation of the Impugned Orders, dt.22.09.2025 in I.A.No.26/2019 in O.S.No.269 of 2005, on the file of the Principal Junior Civil IN THE HIGH COURT OF ANDHRA PRADESH [3239] THE HONOURABLE SRI JUSTICE K SURESH REDDY CHALLA VENKATESWARLU, S/O.CHENCHIT REDDY, AGED ABOUT 53 YEARS, OCC WORKING AS TEACHER AND AGRICULTURIST, R/O.KAKURUVARI PALLI VILLAGE, ANANTHSAGARAM MANDAL ...PETITIONER S/o.Venkata Narasa Reddy, Aged about 47 years, Occ Cultivation and Business, R/o.Kakuruvari Palli ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the tances stated in the grounds filed herein,the High Court may be pleased topleased toallow the C.R.P. by setting aside the Order passed in I.A.No.26 of 2019 in O.S.No.269 of 2005, Dated 22.09.2025 on the file of the dge, at Atmakur, SPSR Nellore 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 d to suspend the operation of the Impugned Orders, dt.22.09.2025 in I.A.No.26/2019 in O.S.No.269 of 2005, on the file of the Principal Junior Civil 2 Judge Court, Atmakur, SPSR Nellore District, pending disposal of the main C.R.P., and to pass IA NO: 2 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 May be pleased to vacate the interim stay granted by this Honble court on 21.11.2025 in I.A.No. 1 of 2025 in C.R.P. No.2988 of 2025, and pass Counsel for the Petitioner: 1. M V NARASIMHAM Counsel for the Respondent: 1. P S P SURESH KUMAR 3 The Court made the following ORDER: The petitioner filed a suit in O.S.No.269/2005 on the file of the Court of the Civil Judge (Junior Division), Atmakur, SPSR Nellore District (for short, ‘the trial Court), seeking permanent injunction against the respondent herein. In the said suit, initially the respondent entered his appearance by engaging a counsel in the year 2011. Thereafter, the suit underwent several adjournments after filing written statement by the respondent. While so, as the respondent could not proceed with the trial, an ex parte decree was passed on 02.08.2017. It was contended before the trial Court that as the respondent was suffering from Jaundice, he could not give timely instructions to his counsel and as such he was set ex parte on 02.08.2017. Subsequently, after recovery from ill-health, he filed an application to set aside the ex parte order under Order IX Rule 13 CPC. He filed I.A.No.26/2019 in O.S.No.269/2005 seeking to condone the delay of 33 days in filing the petition. After hearing both sides, the trial Court allowed the said I.A. vide order dt. 22.09.2025. Aggrieved by the same, the petitioner / plaintiff filed the present C.R.P. under Article 227 of the Constitution of India. 2. Sri M.V.Narasimham, learned counsel for the petitioner, strenuously contends that the respondent / defendant is not co-operating with the trial Court for early disposal of the suit as the same is of the year 2005. Though the suit was filed in the year 2005, the respondent entered his appearance in the year 2011. He further contends that no medical certificate was filed to show the ill-health of the respondent. He further contends that he ought to 4 have filed I.A. under Order IX Rule 13 CPC within a period of 30 days, but he has filed after 63 days. As such, he has to explain the delay of 63 days in filing the petition under Order IX Rule 13 CPC. As such, he requests this Court to set aside the impugned order. 3. On the other hand, Sri P.S.P.Suresh Kumar, learned counsel for the respondent / defendant contends that he has got statutory right to file an application under Order IX Rule 13 CPC within a period of 30 days. As such, he need not explain the reason for not filing within 30 days. If he files the I.A. after 30 days, then only he has to explain the reasons; but the delay is only 33 days and not 63 days. He further contends that the delay is only 33 days which is negligible. He further contends that as the respondent was suffering with Jaundice and as he is residing at Goa, he could not give instructions to his counsel. As such, he requests this Court to dismiss the Civil Revision Petition. 4. Be that as it may, without going into merits and demerits of the case, as the delay is only 33 days, this Court is not inclined to interfere with the impugned order. Accordingly, this C.R.P. is disposed of, at the admission stage, with the following directions: (a) The Civil Judge (Junior Division), Atmakur, SPSR Nellore District, is directed to proceed with the trial as the case is coming up for cross-examination of PW.1. He is further directed to dispose of the suit, as expeditiously as possible, 5 but not later than six (6) months from the date of receipt of a copy of this order. (b) The respondent is directed to co-operate with the trial Court for speedy disposal of the suit, failing which the trial Court is directed to proceed with the trial. (c) The petitioner is at liberty to avail appropriate remedies available to him under law. On filing of such application, the trial Court shall dispose of the same on merits in accordance with law. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall also stand closed. __________________ K.SURESH REDDY, J 08.01.2026 MVA