Disposed¶44

Bonda Venkata Raja Gopal v. Bingimalla Ramamurthy

Andhra Pradesh HC12 Mar 2025CRP/414/2025

Case brief

AI extract

What is this about?

Article 227 direction to subordinate court; time-bound/expeditious disposal of interlocutory application; restoration of I.A. dismissed for default; Order VI Rule 17 CPC plaint amendment for interest on promissory-note debt; money suit of 2020; V Additional District Judge, Nellore; Civil Revision Petition disposed without costs; single-judge bench of Justice K. Sreenivasa Reddy; no precedent cited.

What did the court decide?

Direction issued to the V Additional District Judge, Nellore, to dispose of I.A.No.30 of 2022 in I.A.No.92 of 2021 in O.S.No.40 of 2020 in accordance with law, as expeditiously as possible, preferably within six (6) weeks from receipt of a copy of the Order; no order as to costs; miscellaneous petitions pending, if any, in the Civil Revision Petition stand closed. ¶44

Bonda Venkata Raja Gopal Vs Bingimalla… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the learned V Additional District Judge, Nellore, to dispose of I.A.No.30 of 2022 in I.A.No.92 of 2021 in O.S.No.40 of 2020 as expeditiously as possible by fixing a time frame.

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Court's answer

Without going into the merits of the case, the Court directed the learned V Additional District Judge, Nellore, to dispose of I.A.No.30 of 2022 in I.A.No.92 of 2021 in O.S.No.40 of 2020 in accordance with law, as expeditiously as possible.

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Ratio / Principle

The disposal was to be preferably within a period of six (6) weeks from the date of receipt of a copy of the Order.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (K. Sreenivasa Reddy, J.), Civil Revision Petition No. 414 of 2025, decided 13.03.2025 — Petition under Article 227 of the Constitution of India by the plaintiff in O.S.No.40 of 2020 (suit of 2020 for recovery of amount due under a promissory note dated 16.02.2015) seeking a direction to the V Additional District Judge, Nellore, to dispose of I.A.No.30 of 2022 — an application to set aside the dismissal for default (dated 09.11.2022) and restore amendment application I.A.No.92 of 2021 filed under Order VI Rule 17 of the C.P.C. for calculation of interest — within a stipulated time. Without going into the merits, the Court directed expeditious disposal in accordance with law, preferably within six (6) weeks from receipt of a copy of the Order; the Civil Revision Petition was disposed of with no order as to costs, and pending miscellaneous petitions, if any, stood closed.

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA;^]

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THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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-F'
V
rA,

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THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY

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CIVIL REVISION PETITION NO: 414 OF 2025

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Petition filed 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 to direct the Trial Court to dispose of^{theIA.No.30of2022} in IA.No.92 of 2021 in OS.No.40 of 2020, on the file of the V Additional District Judge, Nellore, by fixing the time frame.

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Between:

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Bonda Venkata Raja Gopal, S/o.Venkata Ramanaiah, aged about 51 years, Occ; Business, R/o.H.No.363, Laxmipuram, Nawabpet, Near Nirmala Nut Power Company, Nellore District.

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...Petitioner/Petitioner/Plaintiff

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AND

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Bingimalla Ramamurthy, S/o.Nanda Gopal, aged about 47 years, Occ; Business, R/o.Plot No.601, First Floor, Chamundeshwari Apartment, Shanthinagar, Nellore Town, Nellore District. ...Respondent/Respondent/Defendant

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Counsel for the Petitioner : SMT. KOPPARTHI SUMATHI

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Counsel for the Respondent

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The Court made the following:

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APHC010058812025

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[3327]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CIVIL REVISION PETITION NO. 414 OF 2025

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Between:

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1.BONDA VENKATA RAJA GOPAL, S/0 VENKATA RAMANAIAH, AGE ABOUT 51 YEARS, OCC BUSINESS, R/0 H.N0.363, LAXMIPURAM, NAWABPET, NEAR NIRMALA NUT POWER COMPANY, NELLORE DISTRICT

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...PETITIONER

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AND

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1.BINGIMALLA RAMAMURTHY, S/o Nanda Gopal, age about 47 years, Occ Business, R/o Plot No.601, First Floor, Chamundeshwari Apartment, Shanthinagar, Nellore Town, Nellore District.

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...RESPONDENT

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Counsel for the Petitioner:

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1.KOPPARTHI SUMATHI

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Counsel for the Respondent:

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The Court made the following:

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ORDER:

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This Civil Revision Petition has been filed seeking a direction to the learned V Additional District Judge, Nellore, to dispose^{ofI.A.No.30of2022in}

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IANo.92 of 2021 in O.S.No.40 of 2020 as expeditiously as possible by fixing a time frame.

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The material on record goes to show that the suit was filed before the trial court for recovery of the amount due under the promissory note dated 16.02.2015 and for costs of the suit, Since interest was not claimed by inadvertence, the plaintiff filed I.A.No.92 of 2021 under Order VI Rule 17 of the C.P.C. for amendment of the plaint in respect of calculation of interest on the principal amount. As there was no representation on behalf of the plaintiff, the said I.A. was dismissed for default on 09.11.2022. Hence, the plainfiff filed I.A.No.30 of 2022 for setting aside the dismissal order dated 09.11.2022 and for restoration of I.A.No.92 of 2021 to file, In the said I.A., the defendant also filed counter, which is on record.

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Learned counsel for the petitioner submits that the respondent/ defendant is intentionally and deliberately dragging^the matter on one pretext or other, and since it is a money suit pertaining to the year 2020, if the subject I.A. is not disposed of. as per law, within the stipuiated time, irreparable loss and hardship will be caused to the plaintiff. Hence, she prays to direct the Court below to dispose of the subject I.A. by fixing a time frame.

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Having regard to the aforesaid facts and ci circumstances, without going into the merits of the case, the learned V Additional District Judge, Nellore, is directed to dispose of I.A.No.30 of 2022 in I.A.No.92 of 2021 in O.S.No.40 of

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2020, in accordance with law, as expeditiously as possible, preferably within a

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period of six (6) weeks from the date of receipt of a copy of this Order.

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