M.Venkata Chowdary vs Kasireddy Sunitha
2023 Latest Caselaw 80 AP

Citation : 2023 Latest Caselaw 80 AP
Judgement Date : 4 January, 2023

Andhra Pradesh High Court - Amravati

M.Venkata Chowdary vs Kasireddy Sunitha on 4 January, 2023

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

      MAIN CASE No.: A.S.No.769 of 2017

                               PROCEEDING SHEET

Sl.                                                                         OFFICE
No      DATE                              ORDER                              NOTE

      04.01.2023   Dr.VRKS,J
                                  I.A.No.01 of 2021
                          No representation for Appellant. Learned

                   counsel for Respondent No.1 and 2 is in attendance.

No representation for rest of the respondents.

As could be seen from the proceedings dated

16.08.2022 and 27.10.2022 appellant was seeking

time to implead legal representatives of deceased

Respondent No.5, Respondent No.6 and Respondent

No.7. So far no applications in that regard are filed.

On 21.06.2022 the appeal was directed to be

posted under the caption „for dismissal‟.

On 06.07.2022 I.A.No.01 of 2021 which was

filed by the respondent to vacate the stay was

mentioned and was adjourned for hearing.

So far no reply has been filed for the

respondent herein who is appellant in the main

appeal, considering the above referred facts, it seems that appellant is not seriously pursuing the

appeal.

On 18.8.2017 in ASMP 1890 of 2017, this

Court passed the following order:

"Heard the learned counsel for the petitioner/Appellant.

There shall be interim stay pursuant to the decree and judgment dated 8.6.2017 in O.S.No.45 of 2011 on the file of IV-Additional District Judge, Vizianagaram, to the effect that except passing final decree, all further proceedings shall go on pursuant to preliminary decree".

Out of this, the proceedings before the Lower

Court came to a halt. That order was made with a

view to facilitate the parties on both sides to argue

the appeal and in the meantime to preserve the

status of the property. Since the appellant has not

been pursuing the matter, no reply is received for

I.A.No.01 of 2021, it is in the fitness of justice to

allow this petition.

In the result I.A.No.01 of 2021 is allowed and

the stay that was granted earlier stands vacated.

List the appeal for hearing finally after six weeks.

_________ Dr.VRKS,J