Citation : 2024 Latest Caselaw 9281 AP
Judgement Date : 14 October, 2024
APHC010229192003
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3369]
(Special Original Jurisdiction)
MONDAY ,THE FOURTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
SECOND APPEAL NO: 477/2003
Between:
V Sundramma ...APPELLANT
AND
S K Amruta Valli Tayaramma ...RESPONDENT
Counsel for the Appellant:
1. KOKA RAGHAVA RAO
Counsel for the Respondent:
1. K S MURTHY
The Court made the following Judgment:
1. This Second Appeal has been filed by the Appellant/Appellant/ Defendant under Section 100 of Code of Civil Procedure against the Decree and Judgment dated December 30, 2002 in A.S.No.07 of 1993 on the file of Court of the Senior Civil Judge, Sompeta, confirming the decree and Judgment dated 30.12.1992, in O.S.No.58 of 1986 on the file of the District Munsif, Ichapuram, Srikakulam (for short, 'the trial Court').
2. In the morning session, when the matter was called for hearing, no representation was made on behalf of the Appellant despite the presence of learned counsel for the Respondent. In light of his absence, the matter was subsequently passed over until 2:15 PM.
3. In the afternoon session as well, there was no appearance on behalf of the Appellant. Although the matter was explicitly listed under the caption 'for dismissal', no representation was forthcoming on behalf of the Appellant. His absence indicates a lack of intent or interest on his part to further proceed with the Appeal.
4. Consequently, due to the absence of the Appellant and his failure to appear, and to take steps to represent the matter, the Second Appeal is dismissed for default. However, there shall be no order as to costs.
5. Miscellaneous petitions pending, if any, in this Appeal, shall stand closed.
________________________ T. MALLIKARJUNA RAO, J
Date: 14.10.2024 RMD THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO
Date: 14.10.2024
RMD
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