Citation : 2024 Latest Caselaw 10244 AP
Judgement Date : 13 November, 2024
APHC010161582007
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: 635/2007
Between:
Tippireddy Ramu ...APPELLANT
AND
Challa Sreenivasulu Reddy ...RESPONDENT
Counsel for the Appellant:
1. S SRINIVASA SHARMA
Counsel for the Respondent:
1.
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 03.08.2006,, in A.S.No. A.S.No.25 of 2005 on the file of Principal District Judge, Nellore, (for short, 'the 1st Appellate Court') confirming the decree and Judgment dated 16.11.2004, 16.11.2004 in O.S.No.174 of 2001 on the file of Principal Senior Civil Judge, Nellore (for short, 'the trial Court').
2. In the trial Court, Respondent Respondent/Respondent is the Plaintiff, ntiff, who filed the
2001, for recovery of Rs.2,69,022/- with interest and costs based on the suit promissory note dt.21.08.1998 dt.21.08.199 and to pass preliminary decree.
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
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