THE HONOURABLE DR.JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.1530 of 2025

ORDER:

This Civil Revision Petition is filed by the petitioner/defendant No.7, aggrieved by the docket order dated 18.03.2025 passed in I.A No.6 of 2025 in A.S No.6 of 2023 in O.S No.13 of 2016 by the II Additional District Judge, Huzurnagar.

2. Heard Sri Nerella Malyadri, learned counsel for the petitioner and Sri V.T.Kalyan, learned counsel representing Sri K.Dayakar Reddy, learned counsel for the respondent No.1- plaintiff.

3. Learned counsel for the petitioner submitted that the respondent No.1 – plaintiff filed a suit for partition and a preliminary decree was passed and aggrieved by the said judgment and decree, the petitioner herein/defendant No.7 preferred A.S No.6 of 2023 and filed I.A No.88 of 2024 seeking stay of judgment of the trial Court, but the lower appellate Court passed a conditional order directing the petitioner – appellant to submit his arguments within a period of two (2) months.

3.1. Learned counsel for the petitioner further submitted that he filed three applications to receive additional evidence, to recall the witnesses and to reopen the evidence of the plaintiffs as well as defendants within the said period of two (2) months. The respondent No.1 – plaintiff failed to file counter and for that reason, he could not submit his arguments in the appeal within the said period. He further contended that he filed an application for extension of orders vide I.A No.6 of 2025 in A.S No.6 of 2023, but the lower appellate Court dismissed the said application observing that there was no justifiable reason for allowing the petition for extension of the conditional stay. He stated that the petitioner filed an affidavit of three (3) pages explaining all the circumstances, but the lower appellate Court failed to consider the same, which was an error apparent on the face of the record.

4. Learned counsel for the respondent contended that the petitioner failed to submit his arguments within the stipulated time granted by the lower appellate Court and filing petitions after petitions. The petition for adducing additional evidence was even dismissed by the trial Court and no revisions were filed against them, as such the same became final.

5. However, both the learned counsel submitted that counters were filed in all the three I.A’s and all the three I.A’s were posted for orders on

09^th May, 2025.

6. Considering the submissions of both the learned counsel, it is considered fit to set aside the impugned order passed by the lower appellate Court, dated 18.03.2025 directing the petitioner to file a fresh application for extension of stay and the lower appellate Court shall consider the same and pass orders on merits after hearing both the learned counsel representing the parties.

7. In the result, the Civil Revision Petition is allowed setting aside the docket order dated 18.03.2025 in I.A No.6 of 2025 in A.S No.6 of 2023 in O.S No.13 of 2016 passed by the learned II Additional District Judge, Huzurnagar and the petitioner-appellant is directed to file a fresh application seeking extension of stay and the lower appellate Court shall decide the same on merits after hearing both the parties. No order as to costs.

As a sequel, miscellaneous applications pending in this petition if any, shall stand closed.

____________________ Dr. G.RADHA RANI, J

Date: 02.05.2025

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