Dara Raja Lrao vs Likitapudiappayyamma Died
2024 Latest Caselaw 9762 AP

Andhra Pradesh High Court - Amravati

Dara Raja Lrao vs Likitapudiappayyamma Died on 29 October, 2024

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 APHC010181412003
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                                [3369]
                              (Special Original Jurisdiction)

               TUESDAY, THE TWENTY NINETH DAY OF OCTOBER
                    TWO THOUSAND AND TWENTY FOUR

                                        PRESENT

            THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                           SECOND APPEAL NO: 584/2003

Between:

Dara Raja Lrao                                                          ...APPELLANT

                                           AND

Likitapudiappayyamma Died and Others                              ...RESPONDENT(S)

Counsel for the Appellant:

1. B UDAYA BHASKAR

Counsel for the Respondent(S):

1. B UDAYA BHASKAR

2.

The Court made the following JUDGMENT:

1. This Second Appeal has been filed by the Appellant/ Appellant/Appellant/Plaintiff Appellant/Plaintiff against the Decree and Judgment dated 27.09.2002, in A.S.No.42 of 1993 on the file of IV Additional District Judge, East Godavari, Kakinada,, (for short, 'the 1st Appellate Court') confirming the decree and Judgment dated 14.12.1992, 14.12.1992 in O.S.No.688 of 1983 on the file of II Additional District Munsif's Court, Kakinada (for short, 'the trial Court') Court').

2. In the trial Court, Appellant/Appellant is the Plai Plaintiff, ntiff, who filed the suit in O.S.No.688 of 1983,, for declaration that the Plaintiff and the 2nd Defendant are entitled for the suit schedule property after the lifetime of the 1st Defendant

with absolute rights, and for consequential permanent injunction, restraining the Defendants 1 and 3, their men, heirs, representatives, assignees from interfering with the suit property in any manner.

3. In the morning session, when the matter was called for hearing, neither the Appellant nor the Respondents 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: 29.10.2024 SAK

THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

Date: 29.10.2024

SAK