Andhra Pradesh High Court - Amravati
Vadde Ranjith vs Rajavari Peerla Chavadi/Ashoor ... on 13 August, 2019
HONOURABLE SRI JUSTICE M. VENKATA RAMANA
A.S.No.1824 of 1999
JUDGMENT:
At the time of preparing the judgment, while going through the record, to my utter surprise, it is found that A.S.No.2709 of 1999 and A.S.No.196 of 1999 were preferred against the same judgment, which is questioned in this appeal, viz., judgment in O.S.No.63 of 1994 dated 29.06.1999 on the file of the Court of the learned Principal Senior Civil Judge, Ongole. These two appeals were allowed setting aside the above judgment of the trial Court and the matter was remitted to the trial Court for fresh consideration.
As against the same an attempt was made by the 1st respondent herein to present S.L.P.(C).No.002737/2012 and S.L.P.(C)..CC.No.000154
- 000155 of 2012 before Hon'ble Supreme Court of India and I.A.No.1-2 filed to condone the delay in filing these S.L.Ps. were dismissed on 16.01.2012. On further verification of the record of the trial Court, it is also revealed that on remand, when the trial Court was proceeding on with the matter, I.A.No.1221 of 2015 was filed on behalf of the 1st respondent herein, who is the plaintiff in the suit, requesting to withdraw the suit and the said I.A.No.1221 of 2015 was allowed by the trial Court. Consequently on 28.02.2015 the suit was dismissed as withdrawn and without costs.
In view of the above circumstances, nothing survives in the present appeal for determination and accordingly, this appeal has to be dismissed as infructuous as the cause for presenting this appeal did not survive.
2 MVR,J A.S.No.1824 of 1999 Accordingly, the appeal is dismissed as infructuous. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
In view of what is stated above, having regard to the serious repercussions if this appeal had been disposed of on merits, it is desirable that this matter be brought to the notice of the Honourable the Acting Chief Justice. The Registrar (Judicial) is directed to do the needful accordingly.
_________________________ M. VENKATA RAMANA, J.
13th August, 2019 Js.
3 MVR,J A.S.No.1824 of 1999 HONOURABLE SRI JUSTICE M. VENKATA RAMANA A.S.No.1824 of 1999 13th August, 2019 Js.