T.Veeraiah vs Uppaluri Ramalinga Koteswara Rao
2024 Latest Caselaw 8553 AP

Andhra Pradesh High Court - Amravati

T.Veeraiah vs Uppaluri Ramalinga Koteswara Rao on 18 September, 2024

 APHC010484792005
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                            [3369]
                           (Special Original Jurisdiction)

           WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER
                 TWO THOUSAND AND TWENTY FOUR

                                     PRESENT

         THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                        SECOND APPEAL NO: 448/2005

Between:

T.veeraiah                                                         ...APPELLANT

                                        AND

Uppaluri Ramalinga Koteswara Rao                               ...RESPONDENT

Counsel for the Appellant:

1. SAI GANGADHAR CHAMARTY

Counsel for the Respondent:

1. V RAGHU

The Court made the following JUDGMENT:

1. This Second Appeal has been filed by the Appellant / Respondent / Plaintiff against the Decree and Judgment dated 12.10.2004, in A.S. S.No.146 of 1998 on the file of IV Additional Senior Civil Judge (FTC) at Vijayawada (for short, 'the 1st Appellate Court') setting aside the decree and Judgment dated 10.06.1998, in O.S.No.122 of 1996 on the file of I Additional Junior Civil Judge at Vijayawada (for short, 'the trial Court') Court').

2. In the trial Court, the Plaintiff, filed the suit in O.S.No. O.S.No.122 of 1996 for recovery of Rs.40,895/- bei being ng the principal and interest due on pronote dt. 28.03.1993 executed by the defendant in favour of the plaintiff for Rs.30,000/-

Rs.30,000/ repayable with interest at 12.5% p.a. and for costs of the suit.

3. It is submitted on behalf of both the learned counsel that both parties have passed away long back and the legal representatives of the deceased have not been coming forward to come on record.

4. Recording the said submission, the Second Appeal is dismissed. However, there shall be no order as to costs.

5. Interlocutory applications pending, if any, in this appeal, shall also stand closed.

_______________________ T.MALLIKARJUNA RAO, J MVA 18.09.2024