L.Venkata Subbaiah. vs L.Ramappa.Died 7 Others.
2024 Latest Caselaw 6833 AP

Andhra Pradesh High Court - Amravati

L.Venkata Subbaiah. vs L.Ramappa.Died 7 Others. on 7 August, 2024

 APHC010046932001
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                             [3369]
                           (Special Original Jurisdiction)

                WEDNESDAY
                WEDNESDAY, THE SEVENTH DAY OF AUGUST
                   TWO THOUSAND AND TWENTY FOUR

                                    PRESENT

           THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                       SECOND APPEAL NO: 362/2001

Between:

L.venkata Subbaiah.                                               ...APPELLANT

                                       AND

L Ramappa Died 7 Others                                         ...RESPONDENT

Counsel for the Appellant:

1. K ANANDA RAO

Counsel for the Respondent:

1. R N HEMENDRANATH REDDY

The Court made the following JUDGMENT:

1. This Second Appeal has been filed by the Appellant/5th Respondent Respondent/ 6th Defendant against the Decree and Judgment dated 16.01.2001,, in A. A.S.No.14 of 1997) on the file of Senior Civil Judge, Penukonda,, (for short, 'the 1st Appellate Court') reversing the decree and Judgment dated 28.02.1997, 28.02. in O.S.No.49 of 1991 on the file of District Munsif, Penukonda (for short, 'the trial Court').

2. In the trial Court, 1st Respondent/Appellant is the Plaintiff, who filed the suit in O.S.No.49 of 1991 for partition of plaint schedule property into four equal shares and put the Plaintiff in separate possession and enjoyment of one such share. The 2nd Respondent is the 1st Defendant, Respondents 3 to 8/Respondents 1 to 4, 6 & 7 are the Defendants 1 to 5, 7 & 8 in the said suit.

3. In the morning session, when the matter was called for hearing, no representation was made on behalf of the Appellant, despite the presence of learned counsel for the Respondent. In light of this absence, the matter was subsequently passed over until 2:15 PM.

4. In the afternoon session as well, there was no appearance on behalf of the Appellant. It appears from the record that the learned counsel representing the Appellant has passed away. Consequently, this Court issued a notice to the Appellant, which has been served; however, the Appellant has not appeared. Despite the matter being specifically listed under the caption 'for dismissal', no representation was forthcoming on behalf of the Appellant. This consistent absence strongly indicates a lack of intent or interest on his part to further proceed with the Appeal.

5. Consequently, due to the persistent absence of the Appellant and his failure to appear, the Second Appeal is hereby dismissed for default. However, there shall be no order as to costs.

6. Miscellaneous petitions pending, if any, in this Appeal, shall stand closed.

________________________ T. MALLIKARJUNA RAO, J

Date: 07.08.2024 SAK THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

Date: 07.08.2024

SAK