The High Court of Andhra Pradesh dismissed the appeal suit as abated on the ground that the sole appellant died two years ago and legal representatives failed to prosecute the appeal.
The appeal suit is dismissed as abated.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR. V.R.K. KRUPA SAGAR
APPEAL SUIT NO: 808 OF 2010
(Appeal under Section 99 R/w 0 41 R.L. of CPC., against the judgment and Decree passed in AS. No. 40 of 2002 dated 16-07-2009onthefileoftheSeniorCivil Judge, Sompeta)
Between:
Gunna Ramakrishna, S/o. Late Kupendrudu, Aged about 55 years, R/o. Peddakojjiria Village, Kanchili Mandal, SrikakulamDistrict.
...Appellant/Plaintiff
AND
Bodda Krishna Kumar, S/o. Jogappanna, R/o. Peddakojjiria Village ,Kanchili Mandal,
...Respondent/Defendant
LA. NO: 2 OF 2010(ASMP. NO: 2198 OF 20101
Petition under Section 39 Rule 1 of CPC., 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 issue an injunction against the respondent/ defendant restraining him from alienating the dry tope land measuring an extent of Ac. 2.11 cents in S.No.390/1 of Pedda Kojjira Village of Kachili Revenue Mandal , Srikakulam District.
Counsel for the Appellant: Sri. K MANIK PRABHU
Counsel for the Respondent: Sri M V SURESH
The Court made the following JUDGMENT:
1
1
THE HON’BLB SRI JUSTICE DR.V.R.K.KRUPA SAGAR APPEAL SUIT No.808 of 2010
JUDGMENT ;
- On hearing learned counsel for appellant he submits that though the sole appellant died two years ago, despite best efforts of the learned counsel, the legal representatives have not been coming forth to prosecute the appeal.
Consequently, miscellaneous petitions if any, stand
closed.
SD/- K TATA RAO DEPUTY REGISTRAR
//TRUE COPY//
To,
SECTliDN OFFICER
1' Senior Civil Judge, Sompeta, Srikakulam District (with records if any) 2. One CC to Sri K Manik Prabhu, Advocate [OPUCl 3. One CC to Sri M V Suresh, Advocate [OPUC] 4. The Section Officer, V.R. Section, High Court of A.P. at Amaravathi 5. Three CD Copies Skm sree
HIGH COURT DATED:09/01/2024
JUDGMENT
AS.No.808 of 2010
DISMISSING THE APPEAL SUIT AS ABATED WITHOUT COSTS
(\L
\ I
1 issue framed by the court
Whether the appeal suit abated due to the death of the appellant without prosecution by legal representatives.
Gunna Ramakrishna
Bodda Krishna Kumar
V.R.K. Krupa Sagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
