APHC010467012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3209]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION Nos: 2254 & 2259 of 2025 C.R.P.No.2254 of 2025 Between:

1. KOYYA GANGA VENKATA SATYA BHASKARA RAO, S/O GANGA RAO,HINDU , AGE 42 YEARS, CULTIVATION AND BUSINESS, AV NAGARAM VILLAGE, OF TONDANGI MANDAL.

2. KOYYA MURALI KRISHNA, S/O GANGA RAO,HINDU, AGE 45 YEARS. CULTIVATION AND BUSINESS, AV NAGARAM VILLAGE, OF TONDANGI MANDAL ...PETITIONER(S)

AND

1. KOYYA RAMA KRISHNUDU, S/O PAPA RAO, HINDU, AGE 63 YEARS. CULTIVATION AND BUSINESS, AV NAGARAM VILLAGE, OF TONDANGI MANDAL

2. KOYYA SATYANARAYANA, S/O PAPA RAO, HINDU, AGE 63 YEARS.

CULTIVATION AND BUSINESS, AV NAGARAM, OF TONDANGI MANDAL

3. KOYYA RADHA KRISHNA, S/O GANGA RAO, HINDU, AGE 47 YEARS. CULTIVATION AND BUSINESS, AV NAGARAM, OF TONDANGI MANDAL

4. KOYYA GANADHARA SRINIVAS RAO, S/O SATYANARAYANA,HINDU, AGE 45 YEARS. CULTIVATION AND BUSINESS, AV NAGARAM, OF TONDANGI MANDAL ...RESPONDENT(S):

Counsel for the Petitioner(S):

1. Mr.HARI KRISHNA TATA Counsel for the Respondent(S):

1. Mr.N SIVA REDDY Orders Reserved on : 17.10.2025 Orders Pronounced on : 08.01.2026 Orders Uploaded on : 08.01.2026 The Court made the following Order:

These two revision petitions are filed against the common order dated

05.08.2025 of the learned Civil Judge (Senior Division), Pithapuram in I.A.Nos.585 of 2025 and 586 of 2025 in O.S.No.16 of 2015.

2. The petitioners / plaintiffs in the said suit filed I.A.No.585 of 2025 under Section 151 of Code of Civil Procedure (for short “CPC”) seeking to reopen I.A.No.392 of 2025 for fulfilling the orders of the Court. They filed I.A.No.586 of 2025 under Order 16 Rule 10 (3) and Section 151 of Code of Civil Procedure for issuance of arrest warrant either with or without bail to the Tahsildar, Thondangi Mandal for non-compliance of the order dated 28.04.2025.

3. Heard learned counsel for the petitioners / plaintiffs and the learned counsel for the respondents / defendants.

4. The learned counsel for the petitioners inter alia submits that initially, the respondents herein filed I.A.No.215 of 2025 under Order XVI Rule 6 r/w Section 151 of CPC to issue summons to the Tahsildar, Thondangi Mandal to produce the records of rights i.e., 1-B, ROR to establish the fact that the plaint schedule property is not situated in Tammayyapeta Village and after considering the submissions on both sides, the said I.A., was allowed by an Order dated 10.03.2025 and summons were issued to the Tahsildar, Thondangi for causing production of the revenue records pertaining to Survey Nos.373 B/3, 376 B/1, 376 B/2 and 384 B/1 and all revenue records pertaining to the survey numbers 373, 376 and 384 i.e., Settlement Register, 10(1)

account and ROR Register on payment of process. He submits that subsequently, the petitioners / plaintiffs filed I.A.No.392 of 2025 under Order XVI Rule 7 and 14 r/w Section 151 of CPC to summon the Tahsildar, Thondangi Mandal for production of original records i.e., Record of Rights (ROR), Original Adangal Book, Original Settlement Register and Field Measurement Book (FMB) pertaining to Survey Nos.373, 376, 378 and 384 of Bendapudi Village and to give evidence as Court witness. He submits that on contest, the said I.A., was allowed by an Order dated 28.04.2025 and summons were issued to the Tahsildar, Thondangi for production of ROR Register, Original Settlement Register and FMB pertaining to Survey Nos.373, 376, 378 and 384 of Bendapudi Village and to give evidence on payment of process. He submits that the Tahsildar, Thondangi intentionally dragged on the matter without complying with the said orders and did not attend before the Court nor has offered any explanation for his non-appearance.

5. The learned counsel further submits that as the Tahsildhar was continuously not attending the proceedings, the petition was closed and in those circumstan