Kakarla Sathiraju vs Kakarla Mer Sakubai
2024 Latest Caselaw 8882 AP

Andhra Pradesh High Court - Amravati

Kakarla Sathiraju vs Kakarla Mer Sakubai on 25 September, 2024

                                       1
                                                                   (RNT,J & VN,J
                                                         C.M.A. NO
                                                                 O.830 OF 2007)

 APHC010001012007
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                         [3470]
                           (Special Original Jurisdiction)

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

                                  PRESENT

           THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

             THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                CIVIL MISCELLANEOUS APPEAL NO: 830/2007

Between:

Kakarla Sathiraju                                            ...APPELLANT

                                     AND

Kakarla Mer Sakubai                                       ...RESPONDENT

Counsel for the Appellant:

   1.

Counsel for the Respondent:

   1.

The Court made the following:


JUDGMENT:

- (per Hon'ble Sri Justice Ravi Nath Tilhari)

This appeal has been filed by the appellant/husband being aggrieved

from the rejection order, dated 20.07.2007 passed in O.P.S.R.No.1934 of

2007 on the file of the Court of the learned Principal Senior Civil Ju Judge,

Kakinada.

(RNT,J & VN,J C.M.A. NO.830 OF 2007)

2. On 28.08.2024, the following order was passed :

"Issue notice to the appellant, in view of elevation of the earlier counsel to the Bench at Telangana High Court. List after service".

3. Notice was issued to the appellant. As per the office note, notice

was returned as unserved with an endorsement "Insufficient address for

want of door number".

4. The matter pertains to the year 2007. Though fresh notice has

not been served on the appellant, the circumstances under which the notice

was directed to be issued to the appellant must also have been known to the

appellant, therefore, he ought to have made efforts to engage the counsel to

argue the appeal, if he was so interested.

5. The Civil Miscellaneous Appeal is dismissed for default.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

____________________ RAVI NATH TILHARI, J

__________________ NYAPATHY VIJAY,J

Date : 25.09.2024.

RPD.

(RNT,J & VN,J C.M.A. NO.830 OF 2007)

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

AND

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

(DISMISSED FOR DEFAULT)

CIVIL MISCELLANEOUS APPEAL NO: 830 OF 2007

DATE : 25.09.2024

RPD