P.Sankara Rao Guntur vs P.Sambasiva Rao 2Others.
2024 Latest Caselaw 9134 AP

Andhra Pradesh High Court - Amravati

P.Sankara Rao Guntur vs P.Sambasiva Rao 2Others. on 3 October, 2024

 APHC010378382003
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                         [3369]
                           (Special Original Jurisdiction)

               MONDAY ,THE THIRTIETH DAY OF SEPTEMBER
                  TWO THOUSAND AND TWENTY FOUR

                                    PRESENT

         THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

                       SECOND APPEAL NO: 332/2003

Between:

P.sankara Rao Guntur                                             ...APPELLANT

                                       AND

P Sambasiva Rao 2others                                         ...RESPONDENT

Counsel for the Appellant:

1. R RADHA KRISHNA REDDY

Counsel for the Respondent:

1. E V V S RAVI KUMAR

The Court made the following JUDGMENT:

1. This Second Appeal was filed by the appellant/2nd defendant under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 02.12.2002 passed in A.S.No.67 of 2001 on the file of learned Senior Civil Judge, Bapatla, wherein confirming the judgment and decree, dated 30.07.2001 passed in O.S.No.244 of 1989 on the file of learned First Additional Junior Civil Judge, Bapatla.

2. Today, when the matter is taken up for hearing in the morning session, no representation on behalf of the appellant. Learned counsel for the respondents present. The matter was subsequently passed over at 2.15 P.M.

3. In the afternoon session also, there was no representation on behalf of the appellant. This Court has directed the appellant to get ready for disposal of the matter. Considering the submissions of learned counsel for the respondents that they could not get the details of date of death of 1st respondent and particulars of his Legal Representatives. Despite a direction to take steps to implead the Legal Representatives of the 1st respondent, none appeared on behalf of the appellant and the matter being listed under the caption 'for dismissal', no representation was made on behalf of the appellant.

It seems that the appellant is not evincing interest to prosecute the appeal by impleading the Legal Representatives of the 1st respondent.

4. Accordingly, the Second Appeal is dismissed for default. However, there shall be no order as to costs.

Miscellaneous petitions pending, if any, in this appeal shall stand

closed.

_____________________________ JUSTICE T. MALLIKARJUNA RAO

Date:30.09.2024 MS THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

SECOND APPEAL NO.332 OF 2003 Date: 30.09.2024

MS