Andhra Pradesh High Court - Amravati
J. Manjoor Ali Khan Died vs C. Abdul Gafoor Died on 5 December, 2024
APHC010499182005
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3369]
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
SECOND APPEAL NO: 713/2005
Between:
J. Manjoor Ali Khan (died) and Others ...APPELLANT(S)
AND
C Abdul Gafoor Died and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1. T S ANAND Counsel for the Respondent(S):
1. J JANAKIRAMI REDDY
2. R V SUBBA RAO The Court made the following JUDGMENT:
1. This Second Appeal has been filed by the Appellant Appellants//Appellants/ Defendants against the Decree and Judgment dated 16.03.2005,, in A. A.S.No.68 of 2001 on the file of IV Additional District Judge, Kurnool (for short, 'the 1st Appellate Court') confirming the decree and Judgment dated 30.07.2001, 30.07.2001 in O.S.No.314 of 1998 on the file of II Additional Junior Civil Judge, Kurnool (for short, 'the trial Court').
2. In the trial Court, the Respondent No.1 herein who is the Plaintiff, file filed the suit for declaration of title of the plaintiff to the plaint schedule property shown as ABCDEFGHIJ in the plaint plan and for delivery of possession of the same to the plaintiff, and for declaration that the sale transaction took place between the defendants 1 and 2 and 3 are null and void, and for costs of the suit.
3. On a representation made by the learned counsel for the appellants, this Court ordered notice to the appellants. Notices were returned as Appellant No.1 - Died, Appellant No.2 - returned unserved vide postal endorsement that "Incomplete Address", Appellant No.3 - returned unserved vide postal endorsement that "Addressed Deceased. Hence return to sender".
4. Registry sent notices to the appellants as per the addresses shown in the appeal. It seems that either the appellants or the legal representatives of the appellants have not come forward to proceed with the appeal. It further seems that they have no interest to prosecute the matter.
5. In view of the same, the Second Appeal is dismissed for default. No order as to costs.
6. Interlocutory applications pending, if any, in the appeal, shall also stand closed.
_______________________ T.MALLIKARJUNA RAO, J MVA 05.12.2024