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Kanteti Rama Rao vs Puvvada Venkata Suneetha
2024 Latest Caselaw 6727 AP

Citation : 2024 Latest Caselaw 6727 AP
Judgement Date : 5 August, 2024

Andhra Pradesh High Court - Amravati

Kanteti Rama Rao vs Puvvada Venkata Suneetha on 5 August, 2024

 APHC010467552009
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                     [3369]
                              (Special Original Jurisdiction)

                    MONDAY ,THE FIFTH DAY OF AUGUST
                    TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

         THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                           APPEAL SUIT NO: 163/2009

Between:

Kanteti Rama Rao                                              ...APPELLANT

                                     AND

Puvvada Venkata Suneetha and Others                      ...RESPONDENT(S)

Counsel for the Appellant:

1. P SRI RAGHU RAM

Counsel for the Respondent(S):

1. TURAGA SAI SURYA

The Court made the following JUDGMENT:

1. This Appeal was filed by the appellant/defendant under Section 96 of

the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment

and decree, dated 13.12.2006 passed in O.S.No.142 of 2005 on the file of

learned Additional Senior Civil Judge (Fast Track Court), Gudiwada, wherein

the suit is decreed.

2. Today, when the matter is taken up for hearing in the morning session,

no representation was made on behalf of the appellant. Learned counsel for the respondent is present. The matter was subsequently passed over until

2.15 P.M.

3. In the afternoon session, learned counsel for the appellant and learned

counsel for the respondents are present. A perusal of the proceedings sheet

dated 09.03.2023, indicates that the learned counsel for the appellant

requested time to take necessary steps following the appellant's death. The

proceedings sheet dated 31.03.2023, reveals that despite this request, no

steps have been taken to substitute the legal representatives of the appellant,

and there has been no representation on behalf of the appellant. It is evident

that the Court was informed of the appellant's death as 09.03.2023. Over 1 ½

years have lapsed without any action being taken by the learned counsel for

the appellant. Given this significant delay, this Court is not inclined to grant

further time to learned counsel for the appellant.

4. As a result, the Second Appeal is dismissed as abated. However,

there shall be no order as to costs.

Miscellaneous petitions pending, if any, in this appeal shall stand

closed.

_____________________________ JUSTICE T. MALLIKARJUNA RAO

Date:05.08.2024 MS THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

APPEAL SUIT NO.163 OF 2009 Date: 05.08.2024

MS

 
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