Kolluru Vijaya Saradhi v. Yalavarthi Sambasiva Rao
CRP/179/2026 · 2026-06-22
R Raghunandan Rao
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3677 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3677 (AP) · dailylaw.ai ]
Judgment text
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Date of reserved for orders : Date of pronouncement :23.06.2026 Date of uploading : APHC010030642026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 179/2026 Between:
1. KOLLURU VIJAYA SARADHI, S/O. VENKATESWARLU, AGED 46 YEARS, OCC EMPLOYEE AT H.A.L. BENGALURU, 451/83200-78, MANAGER-MSD, AIR CRAFT DESIGN AND RESEARCH AND DESIGN CENTER, DESIGN COMPLEX, HINDUSTAN AERONAUTICS LIMITED,
MARTHAHALLI POST, BENGALURU, 560037, KARNATAKA. ...PETITIONER AND
1. YALAVARTHI SAMBASIVA RAO, , S/o, Veera Raghavaiah, Aged 70 years, Occ Retired Employee, D. No. 3-15/2, Vidya Nagar, Cherukupalli Village and Mandal, Repalle, Guntur District - 522265
...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 tomay be pleased to allow the Civil Revision Petition by setting aside the Order dated 12-12-2025 passed in I.A. No. 282 of 2025 in O.S No. 114 of 2018 on the file of the Honble Court of the Judge (Senior Division), Repalle, Guntur District in so far as the condition to deposit 1/4th of the total suit amount to allow the petition and pass such IA NO: 1 OF 2026
2 RRR,J C.R.P.No.179 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 filing of the Certified Copies of the Decree and Order in I.A. No. 282 of 2025 in O.S. No. 114 of 2018 on the file of the Honorable Court of Judge (Senior Division), Repalle, Guntur District 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 grant stay of all further proceedings pursuant to the Order dated 12-12-2025 passed in I.A.No.282 of 2025 in OS.No.114 of 2018 on the file of the Court of the Judge (Senior Division), Repalle, Guntur District pending final disposal of the main Civil Revision Petition, and to pass such Counsel for the Petitioner:
1. M RAVIKANTH REDDY Counsel for the Respondent:
1.
K SRINIVASA RAO
3 RRR,J C.R.P.No.179 of 2026
The Court made the following Order:
The respondent herein, had filed O.S.No.114 of 2018, before the learned Civil Judge (Senior Division), Repalle, for recovery of money. This Suit came to be decided ex parte, on 04.03.2025. Thereafter, the petitioner herein, who was the sole defendant, filed I.A.No.282 of 2025, under Order IX Rule 13 of C.P.C., for setting aside the ex parte order. This application came to be allowed by the Trial Court, on 12.12.2025. However, while allowing the said application, the Trial Court imposed a condition to deposit 1/4th of the suit amount on or before 30.01.2026. 2. Aggrieved by this order, the petitioner has approached this Court, by way of the present Civil Revision Petition. 3. Heard Sri M. Ravikanth Reddy, the learned counsel appearing for the petitioner and Sri K. Srinivasa Rao, the learned counsel appearing for the respondent. 4. It is settled law that, conditions such as a condition of deposit of the suit amount or a part of the suit amount, would not be permissible, while disposing of applications, under Order IX Rule 13 of C.P.C.
5. In these circumstances, the said order, dated 12.12.2025, is set aside to the extent of imposing condition of depositing 1/4th of the suit amount. 6. However, the fact remains that the Suit is of the year, 2018, and it would be appropriate that the Suit, is disposed of, at the earliest. 4 RRR,J C.R.P.No.179 of 2026
7. Hence, there shall also be a further direction to the Trial Court to dispose of, O.S.No.114 of 2018, expeditiously, at any rate, within a period of six (06) months from the date of receipt of this Order. 8. Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J
Date:23.06.2026 KPV
Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No
5 RRR,J C.R.P.No.179 of 2026
157 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CIVIL REVISION PETITION No.179 of 2026
23.06.2026
KPV