Date on which Judgment was : 23.01.2026 reserved Date on which Judgment was : 24.02.2026 pronounced Date on which Judgment was : 24.02.2026 uploaded on the website of the High Court APHC010417912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 2158/2025 Between:

1. VELPULA RAMACHANDRAIAH, S/O. VENKATAIAH, AGED. 75 YEARS, HINDU, RETIRED EMPLOYEE, R/O.D.NO. 51/96-E, SAI RAM STREET, KOTHAPETA, RAYACHOTY TOWN AND MANDAL, KADAPA DISTRICT.

...PETITIONER A N D

1. PULAPATTURU VENKATRAMANA, S/O. LATE ADINARAYANA, AGED. 49 YEARS, HINDU, WORKING IN INDIAN ARMY, 10 IDSR, C/0. 56 APO, AKNUR DISTRICT, JAMMU AND KASHMIR STATE, PERMANENT ADDRESS DOOLLAVARIPALLI VILLAGE, CHENNAMUKKAPALLI POST, RAYACHOTY TOWN AND MANDAL, KADAPA DISTRICT

2. PULAPATTURU NIRMALA, W/O. YERRAGUNTA SREENIVASULU, D/O. LATE ADINARAYANA, AGED.46 YEARS, HINDU, HOUSE WIFE, R/O. KUMMARAPALLI, SIBAYALA VILLAGE AND POST, RAYACHOTY MANDAL, KADAPA DISTRICT.

3. PULAPATTURU HARITHA, D/O. LATE ADINARAYANA, AGED-

25 YEARS. HINDU, DOOLLAVARIPALLI VILLAGE, CHENNAMUKKAPALLI POST, RAYACHOTY TOWN AND MANDAL, KADAPA DISTRICT.

4. PULAPATTURU JAYAMMA, W/O. LATE ADINARAYANA, AGED. 79 YEARS ( D-1), HINDU, DOOLLAVARIPALLI VILLAGE, CHENNAMUKKAPALLI POST, RAYACHOTY TOWN AND MANDAL, KADAPA DISTRICT.

5. NALLAMALA NAGESWARI, W/O. ANJANEYULU, AGED. 40 YEARS, ( D-2), HINDU, DOOLLAVARIPALLI VILLAGE, CHENNAMUKKAPALLI POST, RAYACHOTY TOWN AND MANDAL, KADAPA DISTRICT.

...RESPONDENT(S):

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 to allow the C.R.P by setting aside the order dated 08.07.2025 passed I.A.No. 304/2025 in OS.NO. 77/2011 on the file of Sr. Civil Judge, Rayachoty by allowing the same 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 to grant STAY of operation of the order and decretal order I.A.No. 931 of 2018 in Original Suit No. 77 of 2011 on the file of Senior Civil Judge, Rayachoty during pendency of the CRP and pass Counsel for the Petitioner:

1. A SYAM SUNDAR REDDY Counsel for the Respondent(S):

1. SAI MANOJ REDDY L The Court made the following:

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 2158 OF 2025

O R D E R:

The petitioner/defendant No.3 filed the present Revision Petition, challenging the Order dated 08.07.2025 passed in I.A.No.304 of 2018 in O.S.No.77 of 2011 by the learned Senior Civil Judge, Rayachoty (hereinafter referred to, as „the Trial Court‟), whereby and whereunder, petition filed by the Revision Petitioner/defendant No.3 under Section 5 of the Limitation Act, 1963 (for brevity „the Act, 1963‟) read with Section 151 of the Code of Civil Procedure, 1908 (for brevity „CPC‟) to condone the delay of 1813 days in filing the petition under Order IX Rule 13 of CPC, to set-aside the ex parte decree dated 18.07.2013, was dismissed.

2. Revision Petitioner is the defendant No.3, and respondent Nos.1 to 3 are plaintiff Nos.1 to 3, and respondent Nos.4 and 5 are defendant Nos.1 and 2, in O.S.No.77 of 2011. Parties in the present Revision Petition are hereinafter referred to, as they were arrayed in the suit.

3. Plaintiff Nos.1 to 3 filed O.S.No.77 of 2011 against the defendant Nos.1 to 3 on the file of the learned Senior Civil Judge, Rayachoty, seeking the relief of Partition of plaint schedule property into six equal shares and to allot one such share to each of the plaintiff and for separate possession of the same. The defendants remained ex parte in the said suit. Subsequently, an ex parte preliminarily decree was passed in the suit on 18.07.2013. Later, the defendant No.3 filed I.A.No.304 of 2018 under Section 5 of the Act, 1963 read with