D.Subbayyamma 5 Ors vs P.Ramalingeswara Rao 5 Ors
2024 Latest Caselaw 6729 AP

Andhra Pradesh High Court - Amravati

D.Subbayyamma 5 Ors vs P.Ramalingeswara Rao 5 Ors on 5 August, 2024

 APHC010122422001
                       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

                          SECOND APPEAL NO:942/2001

Between:

D.Subbayyamma & 5 Ors                                           ...APPELLANT

                                      AND

P. Ramalingeswara Rao 5 Ors                                   ...RESPONDENT

Counsel for the Appellant:

1. .

Counsel for the Respondent:

1. K JAGADISHWAR REDDY

The Court made the following JUDGMENT:

1. This Second Appeal was filed by the appellants/defendants under

Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against

the Judgment and decree, dated 09.10.2000 passed in A.S.No.40 of 1994 on

the file of learned Senior Civil Judge, Tadepalligudem, wherein reversing the

Judgment and decree, dated 27.10.1994 passed in O.S.No.179 of 1985 on

the file of learned Principal Junior Civil Judge, Tadepalligudem.

2. Pursuant to the docket proceedings dated 29.07.2024 shows that

"notice sent to 2nd appellant is returned as party isn't known hence it was returned. It seems that notices sent to the parties as per the address shown

in the appeal. Despite service of notice to the appellant Nos.3 to 6, they are

not engaged their counsel."

3. This Court ordered notice to learned counsel for the appellants.

Pursuant to the docket proceedings dated 28.06.2024, it is brought to the

notice that the learned counsel for the appellants is elevated as Judge.

Though notices were sent to the appellants at the correct addresses as

specified in the appeal, they could not be served. Furthermore, the appellants

have not engaged any counsel to represent them in the appeal. Despite the

matter being listed under the caption 'for dismissal,' the appellants have not

shown interest in prosecuting the appeal.

4. Accordingly, the Second Appeal is dismissed for default. 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

SECOND APPEAL NO.942 OF 2001 Date: 05.08.2024

MS