Andhra Pradesh High Court - Amravati
R.Chenchamma vs R.Subramanyadm Raju 5 Other on 21 June, 2024
APHC010074022003
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3397]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
FIRST APPEAL NO: 3363/2003
Between:
1. R.CHENCHAMMA, W/O. CHENGALRAJU CULTIVATION R/O.
SIDDIRAJU KANDRIGA VILLAGE & POST PITCHATUR (M)
CHITTOOR DT.
...APPELLANT
AND
1. R SUBRAMANYADM RAJU 5 OTHER, S/O. RAMA RAJU
CULTIVATION R/O. SIDDIRAJU KANDRIGA VILLAGE PITCHATUR
(M) CHITTOOR DT.
2. R GAJENDRA RAJU, S/O. RAMARAJU BUSINESS C/O. A.S.SHAIK
CIRCAR NAGAR, MUL ROAD, CHANDRAPUR MAHARASTRA.
3. R BHASKAR RAJU, S/O. RAMA RAJU CULTIVATION R/O.
SIDDIRAJU KANDRIGA VILLAGE PITCHATUR (M) CHITTOOR DT.
4. K BAGYAMMA, W/O. BHISHMA RAJU R/O. APLAVARAM (V)
ARASURU POST PONNERI TALUK
5. R CHILAKAMMA, W/O. RAMA RAJU R/O. P.V. PURAM VILLAGE &
POST SATYAVEDU (M) CHITTOOR DT.
6. C BAJA RAJI, S/O KANNAIAHRAJU @ VENKATA RAJU
CULTIVATION R/O. SIDDIRAJU KANDRIGA VILLAGE PITCHATUR
(M) CHITTOOR DT.
...RESPONDENT(S):
Appeal against the Judgment and decree dt.9.1.2003 made in OS No.24
of 2000 on the file of the Senior Civil Judge, Srikalahasti, Chittoor dt.
IA NO: 1 OF 2003(CMP 23125 OF 2003
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
stay all further proceedings fincluding passing of the final decree in view of the
judgment and prelimanary decree passed by the Senior Csivil Judge,
Srikalahasti Chittoor Dt. in OS No.24 of 2000, dt.9-1-2003, pending disposal of
AS No.3363 of 2003 and to pass such other sdorder or sdorders as this
Hon'ble Court may deem fit and proper sin the circumstances of the case
IA NO: 2 OF 2003(CMP 23126 OF 2003
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
injunct the respondents/ defendants herein from csreating any third party
interest in the plaint schedule properties in OS No.24 of 2000 on the file of the
Senior Civil Judge, Srikalahasthi Chittoor District Pending disposal of AS
No.3363 of 2003 and to pass such other order or orders as this Hon'ble Court
may deem fit and proper din the csircumstances of the case
IA NO: 1 OF 2011(ASMP 611 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 to
bring the petitioner Nos. 2 to 4 herein as L.Rs of the deceased 1st
petitioner/Respondent No.2 as party Respondent Nos. 7 to 9 in the above
appeal proceedings in the interest of justice and to pass
IA NO: 2 OF 2011(ASMP 1054 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 to
condone the delay of 75 days in filing the L.R. Petition in the interest of justice
IA NO: 3 OF 2011(ASMP 1055 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 to
set aside the abatement of the appeal in view non-filing of the L.R.Petition
within time, in the interest of justice
Counsel for the Appellant:
1. J UGRANARASIMHA
Counsel for the Respondent(S):
1. N PRAMOD
2. K MOHAN RAMI REDDY
The Court made the following:
JUDGMENT:
1. When the matter was taken up for hearing on 07.05.2024, learned
counsel for the appellant represented that the sole appellant died during the
pendency of the appeal and he requested time for taking further steps to bring
the legal representatives of the deceased sole appellant on record.
2. Today when the matter is called for hearing, there is no representation
on behalf of the appellant. Learned counsel for the respondents is alone
present.
3. Since the sole appellant is no more, the appeal stands abated.
Therefore, the Appeal Suit is dismissed as abated. There shall be no order as
to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
_______________________________
JUSTICE V.GOPALA KRISHNA RAO
Date.21.06.2024.
CVD
