Citation : 2024 Latest Caselaw 10285 AP
Judgement Date : 14 November, 2024
APHC010094302001
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3369]
(Special Original Jurisdiction)
THURSDAY, THE FOURTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
SECOND APPEAL NO: 1060/2001
Between:
Pydi Apparao (died) and Others ...APPELLANT(S)
AND
M Ammayamma Srikakulam 4 Ors ...RESPONDENT
Counsel for the Appellant(S):
1. M V SURESH
Counsel for the Respondent:
1. M V S SURESH KUMAR
2. M R S SRINIVAS
3. SRINIVAS KARRA
THE COURT MADE THE FOLLOWING JUDGMENT:
The Second Appeal is preferred by the appellant against the
judgment and decree dated 18.10.2001, passed in A.S.No.50 of 2000 on
the file of the Senior Civil Judge, at Rajam, which is filed against the
judgment and decree dated 25.08.2000, passed in O.S.No.98 of 1996
on the file of the Junior Civil Judge, Rajam.
2. None appeared on both sides, despite listing the matter under the
caption 'For Dismissal'.
3. On 30.09.2024, learned counsel for the appellant submitted that
they addressed a letter to the appellant, but, the same was returned
un-served with an endorsement, 'Addressee Died' and no steps have
also not been taken by the legal representatives of the deceased
appellant. So far, respondent No.3 has also not engaged a counsel
despite service of notice. It seems that the legal representatives of the
deceased appellant are not interested to come on record and prosecute
the matter. In the above facts and circumstances, this Court finds it
inappropriate to keep the appeal pending and deems fit to dismiss this
appeal.
4. Accordingly, the Second Appeal is dismissed for default. There
shall be no order as to costs.
Interim orders granted earlier, if any, shall stand vacated.
Miscellaneous petitions pending, if any, in this appeal shall stand
closed.
________________________ T. MALLIKARJUNA RAO, J
Date: 14.11.2024 MKK
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