Vemulapalli Veera Venkata Satyanarayana Vs… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Vemulapalli Veera Venkata Satyanarayana Vs… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Civil Revision Petition allowed at the admission stage; order dt. 30.12.2024 in I.A.No.1/2024 in A.T.C.No.6/2018 and the ex parte order dt. 05.11.2020 set aside; revision petitioner permitted to file his counter; Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Tanuku directed to proceed with A.T.C. No.6/2018 in accordance with law after receiving the counter; pending interlocutory applications (including I.A. No. 1 of 2025 under Section 151 CPC seeking stay) stood closed as a sequel.

Issue for consideration

Whether the order dt. 30.12.2024 dismissing I.A.No.1/2024 in A.T.C.No.6/2018 (the application to set aside the ex parte order dt. 05.11.2020 by receiving the counter) ought to be set aside so as to permit the revision petitioner to file his counter in A.T.C. No.6/2018.

Court's answer

Without going into the rival contentions of either side, the Court held that, to provide a fair opportunity, the revision petitioner can be permitted to file his counter in the interests of justice.

Ratio / Principle

The Civil Revision Petition was allowed at the admission stage: the order dt. 30.12.2024 passed by the Principal Civil Judge (Junior Division) - cum - Judicial Magistrate of First Class, Tanuku, in I.A.No.1/2024 in A.T.C.No.6/2018 was set aside, together with the ex parte order dt. 05.11.2020, and the said Court was directed to proceed with A.T.C. No.6/2018 in accordance with law after receiving the counter from the petitioner herein / 1st respondent therein.

Detailed headnote1 paragraphs

Civil Revision Petition No. 956 of 2025 under Article 227 of the Constitution of India, decided by K Suresh Reddy, J. (Single Judge), High Court of Andhra Pradesh at Amaravati, on 11.07.2025. Challenge to the order dt. 30.12.2024 of the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Tanuku, dismissing I.A.No.1/2024 in A.T.C.No.6/2018 — an application to set aside an ex parte order dt. 05.11.2020 by receiving the counter in the main petition. The revision petitioner (1st respondent in the A.T.C.) explained his non-filing of the counter by reference to his move from Mortha village to Tirumalapalem village and inability to meet counsel due to the COVID-19 Pandemic; notice on the 1st respondent went unentered. Without going into rival contentions, the Court held that, to provide a fair opportunity, the petitioner could be permitted to file his counter in the interests of justice, and allowed the Civil Revision Petition at the admission stage, setting aside both the impugned order dt. 30.12.2024 and the ex parte order dt. 05.11.2020, and directing the Tanuku Court to proceed with A.T.C. No.6/2018 in accordance with law after receiving the counter; pending interlocutory applications were closed as a sequel.

APHC010124242025

[3239]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE ELEVENTH DAY OF JULY TWO T H OUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 956/2025

Between:

VEMULAPALLI VEE R A VENKATA SATYANARAYANA, S/O. VENKATA RAO, AGED 58 Y E ARS, R/O. D. NO. 1-51 TIRUMA L APALEM, DWARAKA TIRUMAL A MANDAL, ELURU DISTRICT.

...PETITIONER

AND

TATINI VENKATA K R ISHNA RAO, S/O. SSTYANARAYANA AGED 68 YEARS, R/O. MORT H A VILLAGE UNDRAJAVARAM MAND A L, WEST GODAVARI DISTRIC T .

SETTIPALLI SASIRE K HA, W/O. LATE KOTESWARA RAO AGED 70 YEARS, R/O. TD. N O . 27-16-4, CHIMUTURI VARI STREE T SAIRAM BUILDING, TANUK U , TANUKU MANDAL, WEST G ODAVARI DISTRICT.

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,prayin g that in the circumstances stated in t h e grounds filed herein,the High Co u rt may be pleased toPleased to set aside the Order and decree dated 30.12.2024 passed in I.A.No. 1 of 20 2 4 in A.T.C. No. 6 of 2018 on the file of Principal Civil Judge (Junior Divisio n )-cum-Judic ial Magistrateof I Class, T anuku and allow the I.A.No. 1 of 2024 in A.T.C. No. 6 of 2018 on the file of P r incipal Civil Judge (Junior Division)- c um-Judicial Magistrate of I Class, Ta n uku in the interest of justice and pas s

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 Stay all further proceedings in A.T.C. No. 6 of 2018 on the file of the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of I Class, Tanuku pending disposal of the above civil revision petition in the interest of justice and a pass

Counsel for the Petitioner:

1.KAMBHAMPATI RAMESH BABU

Counsel for the Respondent(S):

1.SAI GANGADHAR CHAMARTY

The Court made the following ORDER:

Questioning the order dt. 30.12.2024 passed in I.A.No.1/2024 in A.T.C.No.6/2018 by the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, whereby and whereunder the petition filed seeking to set aside the ex parte order dt. 05.11.2020 by receiving the counter in the main petition was dismissed, the present Civil Revision Petition is filed.

Though notice was served on 1^st respondent, who is the petitioner in the above A.T.C., he did not enter his appearance.

The reason assigned by the petitioner in the present C.R.P. was that he moved to Tirumalapalem village from Mortha village. Further, he could not meet his counsel due to COVID-19 Pandemic. As such, he could not file the counter.

Be that as it may, without going into the rival contentions of either side, to provide a fair opportunity, the petitioner can be permitted to file his counter in the interests of justice.

Accordingly, this Civil Revision Petition is allowed setting aside the order dt. 30.12.2024 passed by the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, in I.A.No.1/2024 in A.T.C.No.6/2018, by setting aside the ex parte order dt. 05.11.2020, and the Principal Civil Judge (Junior Division) – cum – Judicial Magistrate of First Class, Tanuku, is directed to proceed with A.T.C. No.6/2018 in accordance

with law, after receiving the counter from the petitioner herein / 1^st respondent

in A.T.C. No.6/2018.

Accordingly, this Civil Revision Petition is allowed at the admission stage.

As a sequel, interlocutory applications pending, if any, shall also stand

closed.

__________________ K SURESH REDDY, J

Date: 11.07.2025 MVA