Andhra Pradesh High Court - Amravati
Ponduru Lakshmi Vasudeva Rao ... vs Banna Rama Rao Died on 19 December, 2022
Bench: Tarlada Rajasekhar Rao
PS
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATH
MONDAY, THE NINETEENTH DAY OF DECEMBER, H
TWO THOUSAND AND TWENTY TWO aR
:PRESENT: 7
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAQ.
CIVIL MISCELLANEOUS APPEAL NO: 419 OF 2022
Between:
Ponduru Lakshmi Vasudeva Rao @ Mygapu Lakshmi, W/o. Ponduru Vasudeva Rao,
aged about 74 Years, R/.o. D.No.9-15- 1/2, Plot No.3, Prince Apartments Complex,
No.13, CVM Compound, Visakhapatnam
.. .Appellant/Respondent/Plaintiff
AND
. Banna Rama Rao (Died). As per LRs
2. Banna Krishnaveni, W/o. Late Banna Rama Rao, D.No.3-73, main Road,
Ragolu Village, Srikakulam District
3. Kinajkarapu Someswari, W/o. Late. Balakrishna D.No.3-73, Main Road,
Ragolu Village, Srikakulam District:
4. Banna Muralidhar, S/o. Late Banna Rama Rao, D.No.3-73, main Road,
Ragolu Village, Srikakulam District.
5. Banna Madhav @ Madhava Rao, Late Rama Rao, D.No.3-73, Main Road,
Ragolu Village, Srikakulam District.
...Respondents/LRs of the diseased 3" Defendant
6. Sri. Agathamudi Rajasekhar @ Thirupathi Rao, (died)
7. Sri. Mathala Megharao, S/o. Jagannayakulu, aged 68 Years, R/o. Balada
Village, Kothur Mandal
8. Sri. Balaga Suryanarayana, (Died)
(Defendants 1,2 and 4 are not necessary parties in this appeal since they did not
filed appeal suit before the District Court)
_--
...Respondents/Defendants
Petition under Section 43 Rule 1 (U) of CPC praying that in the circumstances
Stated in the affidavit filed in support of the Civil Miscellaneous Appeal, the High
Court may be pleased to allow the appeal and set aside the judgment and decree in
Appeal Suit No.46 of 2019 on the file of the II Additional District Judge, Srikakulam
dated 21.10.2022 and restore the Judgment and decree of the Trial court in OS
No.175 of 2013 on the file of the Additional Senior Civil Judge, Srikakulam.
IA NO: 2 OF 2022
Petition under Section 151 CPC is filed 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 all further proceedings in pursuant to the remand judgement in AS
No. 46 of 2019 on the file of the I! Additional District Judge, Srikakulam, pending
disposal of CMA.No.419 of 2022, on the file of the High Court.
. The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of M/s Bharadwaj
Associates for the Petitioner, the Court made the following;
ORDER:
"This Court, while granting stay, directed the learned counsel for the
appellant to take out personal notice to the respondents herein. Despite the
same, learned counsel for the appellant has not taken any personal notice on
the respondents.
Hence, learned counsel for the appellant is permitted to take out
personal notice to the respondents by RPAD and the proof of service shall be
filed by 20.01.2023, failing which, the interim stay granted on 21.11.2022 shall
stand cancelled."
Sd/- K.Srinivasa Raju
ASSISTANT REGISTRAR
ITTRUE COPY//
For ASSISTANT REGISTRAR
To,
The Additional Senior Civil Judge, Srikakulam
The II Additional District Judge, Srikakulam
Kinajkarapu Someswari, W/o. Late Balakrishna D.No.3-73, Main Road,
Ragolu Village, Srikakulam District.
4. Banna Madhav @ Madhava Rao, Late Rama Rao, D.No.3-73, Main Road,
Ragolu Village, Srikakulam District.
5. Sri. Mathala Megharao, S/o. Jagannayakulu, aged 68 Years, R/o. Balada
Village, Kothur Mandal (Addressee Nos.3 to 5 by RPAD)
6. One CC to M/s Bharadwaj Associates [OPUC]
7. One spare copy
MM
won>
HIGH COURT
TRRJ
DATED:19/12/2022
ORDER
CMA.No.419 of 2022
DIRECTION
