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Andhra Pradesh High Court - Amravati

Penumatsa Surapa Raju vs Penumatsa Surya Padmavathi And Another on 16 October, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

\


           IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


                 WEDNESDAY, THE SIXTEENTH DAY OF OCTOBER
                       TWO THOUSAND AND TWENTY FOUR

                                                                                \

                                       PRESENT

               THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

                                            AND

               THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM


                           FIRST APPEAL NO: 132 OF 2018



          Appeal filed under section 96 of CPC., against the Judgment and Decree
    dated 31-10-2017 in OS.No. 28 of 2015 passed by the X Additional          District

    Jugde, West Godavari District at Narsapur.

    Between:


          Penumatsa Surapa Raju, S/o.Late Satyanaraya Raju, aged          about 61

          years, Occ: Business, R/o.3E, Dhuvatara Apartments,     Behind Medinova

          Hospital, Rajbhavan Road, Hyderabad

                                                       ...Appellant/Defendant No.1

                                            AND


       1. Penumatsa Surya Padmavathi, W/o. Late Satyanarayana Raju, aged
          about 78 years, Occ; House hold, R/o.D.No. 2-1-51,Lajapatrai Pet,
          Palakol, West Godavari District


                                                            ...Respondent/Plaintiff
   2. Kunumuri Vijaya Lakshmi Kumari, W/o.K.V.Sl.N.Raju, aged about 54
     years, Occ: House-wife R/o.D.No. 2-1-51, Lajapatrial Pet, Ward No. 3,
     Palakol, West Godavari District

                                                     ...Respondent/Respondent

lA NO: 1 OF 2017


       Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
                                                            and Decree dt.31-10-
stay of all further proceedings in executing the Judgment
2017 passed in OS.No. 28 of 2015 on the file of the X Additional District Judge,
Narsapur pending disposal of the main appeal

Counsel for the Appellant: Sri. Venkat Rao Patil

Counsel for the Respondent No.1: Sri Rama Mohan Palanki

Counsel for the Respondent No.2: Sri M Prudhvi Raju

The Court made the following: JUDGMENT
 /



    APHC011027312017
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                         [3494]
                             (Special Original Jurisdiction)

               WEDNESDAY, THE SIXTEENTH DAY OF OCTOBER
                       TWO THOUSAND AND TWENTY FOUR

                                    PRESENT
            THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
            THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
                          APPEAL SUIT No.132 of 2018

    Between:
        1.PENUMATSA SURAPA RAJU, S/0.LATE SATYANARAYA RAJU,
         AGED ABOUT 61 YEARS,OCC-BUSINESS, R/0.3E,DHUVATARA
          APARTMENTS,       BEHIND MEDINOVA HOSPITAL, RAJBHAVAN
           ROAD,HYDERABAD
                                                                ...APPELLANT
                                        AND

        1.PENUMATSA SURYA PADMAVATHI AND ANOTHER, W/0. LATE
         SATYANARAYANA RAJU, AGED ABOUT 78 YEARS, OCC-
           HOUSE HOLD,      R/0.D.NO. 2-1-51,LAJAPATRAI PET,PALAKOL
           WG DISTRICT
         2.KUNUMURI VIJAYA LAKSHMI KUMARI, W/0.K.V.S.L.N.RAJU,
           AGED ABOUT 54 YEARS, OCC-HOUSE HOLD, R/0.D.NO.2-1-51,
           LAJAPATRIAL PET,WARD NO. 3,PALAKOL,WG DISTRICT
                                                             ...RESPONDENTS


          Setting aside the judgment and decree dated 31-10-2017 in OS.at
     No.28 of 2015 passed by the X Addl. District Judge, WG District
     Narsapur and pass

     lA NO: 1 OF 2017

           Petition under Section 151 CPC praying that in the circumstances
      stated in the affidavit filed in support of the petition, the High Court may
                                                                 the judgment
      be pleased to stay of all further proceedings in executing
                                                              on the file of the
      and decree dt.31-10-2017 passed in OS. No.28 of 2015
                                                                                      i


      X Addl. District Judge, Narsapur pending disposal of the main appeal and
      pass

      lA NO: 1 OF 2018

            Petition under Section 151 CPC praying that in the circumstances
      stated in the affidavit filed in support of the petition, the High Court may
      be pleased

      Counsel for the Appellant:
         1.VENKAT RAO PAUL

      Counsel for the Respondents:
         1.RAMA MOHAN PALANKI
         2.PRUDHVI RAJ MUDUNURI


      The Court made the following JUDGMENT:

            Though the appeal is listed under the caption "For Dismissal there
      is no representation on behalf of the appellant, It appears that the
      appellant is not interested in pursuing the appeal.
  2.         Hence, the appeal suit is dismissed.        No order as to costs.
      Miscellaneous petitions pending, if any, shall stand closed.


                                                           SD/- M RAMESH BABU
                                                             DEPUTY REGISTRAR
                                     //TRUE COPY//

To,                                                              SECTION OFFICER

       1. The X Additional District Judge, Narsapur, West Godavari District.
      2. One CC to Sri. Venkat Rao Patil Advocate [OPUC]
      3. One CC to Sri. Rama Mohan Palanki Advocate [OPUC]
      4. The Section Officer, V.R Section, High Court of Andhra Pradesh.
      5. Three CD Copies
SAM

vna
 HIGH COURT

DATED: 16/10/2024




JUDGMENT
AS. No. 132 of 2018
                             g     2 6 our 202'|    m

                                                    ri

^ . Curreiii aecuo** DISMISSING THE APPEAL SUIT FOR NON PROSECUTION WITHOUT COSTS