Citation : 2024 Latest Caselaw 1338 AP
Judgement Date : 16 February, 2024
APHC010282432011
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[ 3366 ]
FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
SECOND APPEAL NO: 581 OF 2011
Between:
1. H.P.Narasimha Murthy (died), S/o H.P.Krishna Murthy Achar Purohit R/o
D.No.61/A/20, Near Chinmaya School, Adoni,
2. H.P. Indira Devi, W/o. Late H.P.Narasimha Murthy, aged about 73 years, Occ:
Housewife, R/o D.No.61/A/20, Near Chinmaya School, Adoni, Kurnool District.
(Appellant 2 is brought on record as LR of the deceased sole appellant as per
order of the Hon;ble Court in SAMP NO. 1397 of 2013, dated 24.6.2013)
...APPELLANT(S)
AND
1. N Raja Rao died per LRs, Medium Irrigation, Hyderabad.
2. Barika Hanmanthu, S/o Chinna Yerranna Kothari Milll worker, Near Chinmaya
School, Opp to D.No. 20-61, Adoni,
3. Rangamma, W/o Nagappa Coolie R/o Hut without Door Nurmber, by the side of
D.No. 20-61,Near Chinmaya School, Adoni,
4. N Ram Prasad, S/o Late N.Raja Rao Land lord R/o Adoni, Kurnool District.
5. N Gopi, S/o Late N.Raja Rao RTC Mechanic R/o Adoni, Kurnool District.
6. N Guru Raja, S/o Late N.Raja Rao Land Lord R/o Adoni, Kurnool District.
7. N Srikanth, S/o Late N.Raja Rao Land Lord R/o Adoni, Kurnool District.
8. N Vittal Rao died, D/o Rama Lakshminarasimha Somayajulu, Housewife, R/o 11-
5-364/1, Plot No.128, Road No.8, Sri Venkateswhara Colony, Saroornagar,
Cyberabad, Hyderabad.
9. Smt N Vijaya Lakshmi, W/o Late N. Vittal Rao Sinecure r/o D.No.15, Ward No.
25, Brahmin Street, Adoni,
10. N Shyam Prasad, S/o Late N. Vittal Rao Land Lord R/o D.No.15, Ward No. 25,
Brahmin Street, Adoni,
11. N Sreedhar Murthy, S/o Late N. Vittal Rao Land Lord R/o D.No.15, Ward No. 25,
Brahmin Street, Adoni,
12. N Raghavendra, S/o Late N. Vittal Rao Land Lord R/o D.No.15, Ward No. 25,
Brahmin Street, Adoni,
13. Rekha, D/o Late N. Vittal Rao R/o D.No.15, Ward No. 25, Brahmin Street, Adoni,
14. Shruthi died, D/o Late N.Vittal Rao
...RESPONDENTS
Appeal under section ___________ against ordersallow the SA by setting aside the decree and judgment passed in AS.No. 7 of 2003 on the file of the Hon'ble Senior Civil Judge at Adoni dated 22-3-2011 confirming the judgment and decree of the Hon'ble Principal Junior Civil Judge at Adoni in OS.NO. 2 of 1998 dated 28 -11- 2002 in the interest of justice
I.A. NO: 1 OF 2013(SAMP. NO: 1316 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 306 days in resubmitting the LR Petition Sr No. 35319/2012 in the interest of justice and pass
I.A. NO: 3 OF 2013(SAMP. NO: 1396 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement of for impleading the petitioner as the legal heir of the deceased appellant in the above Second Appeal in the interest of Justice and pass
I.A. NO: 1 OF 2011(SAMP. NO: 1313 OF 2011)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased grant ad - interim injunction restraining the respondents from interfering with the possession and enjoyment of the petitioner over the suit schedule property till the disposal of the SA in the interest of justice
I.A. NO: 4 OF 2013(SAMP. NO: 1397 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the petitioner as Appellant No. 2 as the Legal heir of the deceased Appellant No. 1 enabling her to prosecute the above Second Appeal and pass
I.A. NO: 2 OF 2013(SAMP. NO: 1395 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 6 days for filing the LR Petition for setting aside the abatement of the second appeal in the interest of Justice and pass
Counsel for the Appellant(s):SRI. A K JAYAPRAKASH RAO
Counsel for the Respondents: P RAJASEKHAR
Counsel for the Respondents: 4397/P RAJASEKHAR
The Court made the following:
There is no representation for the appellant though the matter is
listed under the caption "for dismissal". Learned counsel, Mr.Vamsi
Krishna represented on behalf of Mr.P.Rajasekhar, learned senior
counsel for R9 to R13.
2. As there is no representation for the appellant, this Second Appeal
is dismissed for default. No order as to costs.
Consequently, miscellaneous petitions if any, shall stand closed.
Interim Stay if any granted, shall stand vacated.
BANDARU SYAMSUNDER, J
Dt: 16.02.2024.
RSD THE HONOURABLE SRI JUSTICE B SYAMSUNDER
SECOND APPEAL NO: 581 OF 2011
Dt: 16.02.2024.
RSD
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