Katla Muthyal Naidu vs Kothapalle Venkatappa Naidu
2024 Latest Caselaw 9303 AP

Andhra Pradesh High Court - Amravati

Katla Muthyal Naidu vs Kothapalle Venkatappa Naidu on 14 October, 2024

 APHC010622942004
                      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: 1546/2004

Between:

Katla Muthyal Naidu                                             ...APPELLANT

                                        AND

Kothapalle Venkatappa Naidu and Others                     ...RESPONDENT(S)

Counsel for the Appellant:

1. P VENUGOPAL

Counsel for the Respondent(S):

1. V SRIRANGA RAO

2. CHAMARTHY LEELA SRINNIVASA VARMA

3.

The Court made the following JUDGMENT:

1. This Second Appeal was filed by the appellant/plaintiff under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 10.11.2004 passed in A.S.No.25 of 2002 on the file of learned Senior Civil Judge, Puttur, reversing the judgment and decree, dated 02.09.2002 passed in O.S.No.243 of 1997 on the file of learned Principal Junior Civil Judge, Puttur.

2. Learned counsel for the Respondent No.10 filed the Death Certificate of the appellant dated 27.04.2021. There are several Interlocutory Applications have been pending to implead the Legal Representatives to some of the respondents. Despite the death of the sole appellant on 27.04.2021, so far no steps have been taken to implead the Legal Representatives of the sole appellant. It seems that the Legal Representatives of the sole appellant has no interest to prosecute the appeal.

3. 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:14.10.2024 MS THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO

SECOND APPEAL NO.1546 OF 2004 Date: 14.10.2024

MS