Citation : 2024 Latest Caselaw 6727 AP
Judgement Date : 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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