Andhra Pradesh High Court - Amravati

SA/373/2024 on 5 July, 2024

Author: B Krishna Mohan

Bench: B Krishna Mohan

ay alamanchil

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!

FRIDAY, |

THE FIFTH DAY OF JULY

TWO THOUSAND AND TWENTY FOUR

'PRESENT:

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
SECOND APPEAL NO: 373 OF 2024

Behweean,

4 Konakal ia Sathi Babu @

» Dio Satyanarayana
Aged aboul 41 years, Oc

Andhra Pradesh

& Ronakalla Srinivasa Rao

Sio.K Satyanarayana

Aged 46 years, Occ: Business
Rio Jangareddigudem, Koyvur, £.G.D

. Andhra Pradesh

Ang

4 SmiKaragan! Ramanamma (Died)

' 2. Sri Eliband! Naga Ratnam (Died)

3. Smit Konagalla Kurnari

Wie K Venkateswara Rao .
Aged 74 years, Oce:Coolle, Rio. 18" Ward
Gajulavarl Street, Kovvur, E.G District, AP

4 Smit.Kilani Satyavathi
Wo. Sri K Trimurthulu

Aged about 69 years, Oce:Coolie

Bete eS

} Satyanarayana (£

Wf Rane Devi

Housew'
Ro Jangareddigudem, KRovvur, £.G.D

: BED KOV vur, E.G.Dis

Appellanis/Appellanis/
Defendant Nos.2 fo 4

IE
a SS

aS :

= mivtaeeas ¥ Se, NS



Lad

Som aa Manoranian
Wio.Sri B.Lakshmane Rao
Aged abou 54 years, OomCaaths,
R/O. TS" Ware
Gajulavar Street, Rowur, E.G Distriet, AP

a3

i Weareas i Slane Gai: fay
Sr Karagani Gana Ralu (Died)

md

Sum. Karagani Ganga
Ivo.Late Sri Kk Ganga Raju
mee 44 years, Qce: Canlie |

Rio. 18° Ward a

Gajiulavan Street, Kowur, E.G.ONst ret, AP

&.Sri Yalamanchil Narayana Rao
fo. Bangarayye

Aged about 74 years, Rio D.No. 14-85,
Munasabugari Sireel, Jangareddigudem
West Godavari District, AP.

z

won Kancherla Laksh mayya(Died)

OKs

1O.Smt Vandanapy Padmavath)
Wi. V Venkateswara Ran -
Aged about 54 years, Geeice Pallour
Rio Library Road, Jangareddygudem
West Godavari District, Andhra Pradesh

coed,
nen,

(Sri Mahankall Aiaya Sarva Kumar

sfo.Rama Mohane Rao

Aged about 49 years, Gen E uTinoyese

S/o.D.No.18-431, Near Forest Office
Jangareddigudem, Vest Godavari Oistrict

Andhra Pradesh ;

12.Sn Vandananpu Rama Mohan Reo
SOV VI iswanadhan, aged bout Oe years

R/o.D.No.1o-431, Near Forest On% ce
Jfangaredd gudem, West Godavari District
Andhra Pradesh

Gti Rondurl Anjeawara Rac s

Sic. K Kristina Murthy -

Aged about $4 years, Occ: Empic ayes

Rio. Lakshrni Cenema Hall - :
Jangereddigudem, West Godavari District
Andhra Pradesh

a

vate

ted

wrrrks



44. or Elibandi Krishna
o.E Satyanarayana
Aged about $4 years, Oea:Coale,
R/o. 18" Ward, Galulavari Street
Kovvur, East Godavari District, AF

15. Elibandi Ramana
S/o E Satyanarayans
Aged about 49 years, Oce:Goolle
Bio 18° Ward, Galulavari Street
Wovvur, East Godavari District, AP

46 Karagani Srinu

Sfo.Late Ganga Raju

Aged aboul 49 years

Cee Coolie, Rio. 18" Ward, Gajulavari Street
Kovvur, East Godavari Dstrict, AP

17? Karagani Ani

--. Sfo.Late K.Ganga Raju
- Aged about 37 years

-€ GeeCoolle, Rilo. 18" Ward, Gajulavari Stree
Kovvur, East Gedavari District, AP

{8 Smit Karagani Bebi
fo Late 6. Ganga Raju
Aged about 48 years, Oce:Coohe
RI 3.18 Ward, Gajulavari Street
Kovvur, East God avarl District, AP

19, Smit. Patani Gatyavathi
Wio.P Appa Rao, agad about 44 years
Rio. DrAngana Streel, Koyvur
East Godavar District, AP

20. Smt. Karagani Ganga
Dvo.Late K.Ganga Raju,
Aged about 43 years, Oce:Coolle
Rio. 1a" Ward, Gajulavari Street
Kovvur, West Godavari District, AP

34 Smt. Karagan! Rama Tulasi
mo.Late K.Ganga Raju
Aged about 36 years, Occ: Coaie
Rfo.18" Ward, Gajulavari Street
Kovvur, East Godavari District, AP



ve. ori. Raragani Papayamina, Dvo.Late KOs mya Raj | Aged about 38

Street Kovvur, Easi

years, Oce.Coclie RYo. 18" Ward,
Sodavan District, AP
. Respondenis/Respondents

~

Second Appeal under Section 160 of CPC is Hed against the Judgment

a

and Decree ct.02-05-2024 passed in A.S.No. 15/2015 on the fle of the court of

the IX Additional Disticet Judes West (aadavari [Nstrict, Kovvur Andhra
Pradesh in confirming the Judgment and Decree dt 14-10-2008 passed in
O.9.No. 88/200 ton the file of the court of the Additional Serdar Civ Judge,

Kavvur, West Gocavarl District, Ancthra Pracesh

iA NOs 1 OF 2024

Peffion under Order 41 Rule S of CEO praying fhaf in the
ciroumstances stated In the méme sfandum of grounds fled in support of the

petiven, the High Court may be pisased fo grant stay of all further r promesdings

including passing of final decree oursuant io the judament and decree in

O.8.No. 88/2001 db 17-10-2008 an the fle of the court of the Addifisnal Senio:
CAH Judge (FTC) Kovvur, West Godavari! [Nsiriel Andhra Prades A, Pending

disposal of SA 373 of 2094. on the fle of the High Court,

The Aopeal coming on for hear ring, upon perusing the Petition and the

ReMorandum of grounds filed in suppert thereof and upon Asanng the

arguments of SRI YASWANTH GADE, Advocate for the Aposiiants, the Court

N

made the following

ORDER:

Heard the learned counsel for the appellants.

The learned counsel for the appellants is permitted to take out personal nofices to the respondents and proof of service shall be fled

within a period of four (04) we eks from today.

This Second Appeal arises against confirming the fudgment of the Courts below passed in A.S.No.18 of 2075 on the file of IX Additional District Judge, West Godavari, Kavvur dated 02.08.2024 arising against the judgment and decree passed in O.3.No0.88 of 2009 on the He of Addfional Senior Civ dudge, Fast Track Court, Kovvur dated {4.40 2009,

The learned Senior Counse! appearing for the appellants submits that the appellanis herein are the defendant Nos.2 io 4 in the sult ane they fled written statement in the suit and during the pendency of the same, they were set ex-parte. Without going to the merits of the suif, the sul was decreed vide judgment and decree of the trial Court dated

44,79 2008. Aaggrieved by the same, the first appeal was greferred in

A.S.No.15 of 2015 on the file of lower appellate Court and after showing

the sufficient cause for ths delay in presentation of the appeal and upon hearing the matter on mertis, the fower appellate Court ought to have remanded the matter to the tris! Court for fresh consideration of the sult

on meriis. instead of that: the appeal was dismissed by the lower

anpeliate Court confirming "the judgment of the trial Court, against

which, the present Second Appeal is Hed.

in view of the above said contentions of the learned Senior

Counsel, the following substantial questions of iaw would arise for

consideration in the Second Appeal:

"Whether the plaintiffs Independently maze out the case for grant

of relief in the sult notwithstanding the setting of the defendants as ex-

parte pending the proceedings?

Whether both the Courts:-below have examined this issue in detall

while disposing of the matters respectively".

Hence, the sull is sdmittad and notices are orderad, List after sight (08) weeks,

in the meanwhile) the cther proceedings can go on before the trial

Gourl except passing of the fnal decree, pending further orders.

ty Soy ATA RAO ty

_ DEPUTY REGISTRAS

_ #PRUE CoPYy etHON OFFICER Pay 7 vm aE ESE

To,

1. The IX Additional District Judge, West Godavarl District, Kowvur Anchra Pradesh .

&. The Additional Cadi Judge (Senior Civision), Royvur, West Godavari District, Andhra Pradesh 1 4 SmikKonagalla Kumari, Wo K Venkateswara Rao Aged 74 years, Qee

: Ne Pen sath Cacdie, RYo 18

Ward Gafulavari Steet, Kovvur, OG. District, AP

4. SmiiKilani Setyavathi, Wo Sd K Timurthuty Aged about 69 years, Occ

metic vim «ath get fRatesiea syed CS wt car 7 legeiae AL Woone, YO TS" ward Gaiulavari Street. Kovvur, EG District AP

S. Ori. Bominci Manoranjani, Avo. Sri R.Lakshmana Rao, Aged about 64

aa' a"

years, Occ Coolle, RYo 18° Ward Galulavarl Street, Kowvur, E.G District, AP | |

6. Kum. Karagani Ganga, Dvo.late Sr K Ganga Ralu Aged 44 years, Gos Coolie Rio. 18° ward Gajulavarl Street, Kovvur, E.G. [Neirict, AP

' Sr Yalamanchili Narayana Rao, S/o Bangarayya Aged about 74 years,

West

Rio.D No.4 4-85, Mlunasabugari sfreet, Jan areddigudem Ne} a Godavari District, AP i

Smit Vandanapu Padmavallhy Wio.V Venkateswara Rac Aged about of

Ch

years, Occlce Pallours Rio. Library Road, Jangareddygudem Vest:

fsodavarl District, Andhrs Pradesh

14.

saods oe:

+ Mahankall Ajaya Sarva Kumar, S/o. Rama Mohana Rao Agec about 49 years, Occ Employee Bo. D.NG.19-131, Near Forest Office Jangareddigudem, West Godavari District Andhra Pradesh

sri Vandanapu Rama Mohan Rao, S/o.V.viswanadhan, aged bout 96 years Ryo.D.No.19-134) Near Forest Office Jangaraddigudem, Wes

Godavari District Andhra Pradesh

[. Sd Konduri Anieswara Rao, S/o.K Krishna Murthy Aged about 84 years,

Occ Employee Rfo.lakshm Cenema Hai Jangareddigudem, Vis

Sodavan District Andhra Pradesh

_Sri Efibandi Krishna, Sic E.Satyanarayana Aged about 54 years, Oct

Coolie, Rio. 18" Ward, Gajulavari Street Kayvur, East Godavarl District, AP | Efiband! Ramana, S/o.E Satyanarayana Aged about 49 years, Oca. Coolie Rio. 18" Ward, Gajulavarl Street Kowur, East Godavan District, AP _ Karagan Srinu, Sfo.Lats "Ganga Raji Aged about 49 years Occ. Coole,

Rio.18° Ward, Galjulavari 'Street Kovvur, East Godavari District, AP

. Karagant Anil, S/o. Late (Ganga Raju Aged about 37 years Occ. Coole

R/o.18° Ward, Gajulavarl Street Kovvur, East Godavari District, AP

ted