Duvva Simhadrayya vs Kosireddy Pandava Veera Venkata ...
2024 Latest Caselaw 10239 AP

Andhra Pradesh High Court - Amravati

Duvva Simhadrayya vs Kosireddy Pandava Veera Venkata ... on 13 November, 2024

 APHC010499582007
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                            [3369]
                           (Special Original Jurisdiction)

            WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBER
                 TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

           THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                      SECOND APPEAL NO: 1376/2007

Between:

Duvva Simhadrayya                                                ...APPELLANT

                                      AND

Kosireddy Pandava Veera Venkata Satyanarayana                  ...RESPONDENT

Counsel for the Appellant:

1. SIVARAJU SRINIVAS

Counsel for the Respondent:

1. M S R SUBRAHMANYAM

The Court made the following JUDGMENT:

1. This Second Appeal has been filed by the Appellant/Appellant/ Appellant/ Defendant against the Decree and Judgment dated 17.09.2007,, in A.S.No. A.S.No.1 of 2005 on the file of Senior Civil Judge, Pithapuram, (for short, 'the 1st Appellate Court') confirming the decree and Judgment dated 23.11.2004,, in O.S.No.75 O.S.No. of 1999 on the file of Junior Civil Judge, Pithapuram (for short, 'the trial Court').

2. In the trial Court, Respondent Respondent/Respondent is the Plaintiff, ntiff, who filed the suit in O.S.No.75 of 1999,, for recovery of Rs.43,000/- being the principal and interest based on the promissory note dt.20.06.1996.

dt.20.06.1996

3. In the morning session, when the matter was called for hearing, neither the Appellant nor the Respondent were represented. As a result of their 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. 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: 13.11.2024 SAK THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

Date: 13.11.2024

SAK