The High Court dismissed an appeal filed by the Mandiram Committee and others, holding that it stands abated because the prosecuting respondent died and no legal representatives came forward to prosecute the appeal.
Appeal dismissed as abated; miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE JUSTICE DR.V.R.K.KRUPA SAGAR
FIRST APPEAL NO: 481 OF 2009
fifi omo against the Decree and Judgment dated ' Additional oenior uivil Judge, Kakinada.
Between:
...APPELLANTS/DEFENDANTS
AND
...RESPONDENTS/PLAINTIFF
I.A. NO: 2 OF 2013(ASMP. NO: 1781 OF 2013)
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to appoint a committee of five (5) members from out of list of Devotees to manage the affairs of Sri Saibaba Bhajan Mandiram, Suryaraopeta, Kakinada, East Godavari District by modifying the order dated 22.09.2009 in ASMP No. 1427/2009 in AS No. 481/2009, pending appeal, in the interest of justice.
I.A. NO: 1 OF 2013fASMP. NO: 1780 OF 20131
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 appoint an advocate Commissioner to admit new Members to the General Body of the 1st Defendant Institution i.e. Sri Saibaba Bhajan Mandiram Committee and conduct Elections to the Covering Body in terms of the bye-laws of the 1st defendant Institution.
I.A. NO: 3 OF 2013fASMP. NO: 2242 OF 2013t
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 permit the petitioners / appellants to file the memo containing the audited accounts and hundi collection details of the 1st petitioner/appellant Mandir for the period commencing from 01.10.2012 to 30.06.2013 in compliance of the order of this Hon’ble Court made in aSMP.No.1427/2009 in AS.No.481/2009 dated 22.09.2009 in the interest of justice.
lA NO: 1 OF 2023
Petition under Order 22 Rule 3 R/w. 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 dismiss the appeal AS No.481 of 2009 as abated in the interest of justice.
Counsel for the Appellant: Sri. N Siva Reddy
Counsel for the Respondents: Sri G Rama Gopal for Sri Adapa Bhima Sankar Rao
Counsel for the Respondents: Sri J Seshagiri Rao for Sri A.S.B.S.Rao
The Court made the following: Judgment
1
THE HON’BLE SRI JUSTICE DR.V.R.K.KRUPA SAGAR
APPEAL SUIT No.481 of 2009
JUDGMENT ;
- On hearing both sides, this appeal stands dismissed as abated.
2
Consequently, miscellaneous petitions if any, stand
closed.
Sd/- K TATA RAO DEPUTY REGISTRAR
/ t
//TRUE COPY//
SECTION OFFICER To, 1. The I Additional Senior Civil Judge, Kakinada, East Godavari District, (with records) 2. One CC to Sri. N Siva Reddy, Advocate [OPUC] 3. One CC to Sri. G Rama Gopal, Advocate [OPUC] 4. One CC to Sri. J Seshagiri Rao, Advocate [OPUC] 5. One CC to Sri A.S.B.S.Rao, Advocate.[OPUC] 6. The Section Officer, V.R Section, High Court of AndhraPradeshatAmaravati. 7. Three CD Copies vna
HIGH COURT DATED:22/12/2023
ORDER
AS.No.481 of 2009
gcopfes
Dsu
DISMISSING THE APPEAL SUIT AS ABATED
1 issue framed by the court
Whether the present appeal stands abated due to the death of respondents without legal representatives coming forward?
Mandiram Committee, Surya Rao Peta, Kakinada, East Godavari District Rep. by Its President Uriviti Satya Prasanna Kumar and others
Bondada Sri Rama Murthy (died) and others
DR.V.R.K.KRUPA SAGAR
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
