The High Court of Andhra Pradesh dismissed a Civil Revision Petition filed by the legal representatives of a deceased petitioner, who had filed the petition before her death. The court held that the petition did not proceed due to the absence of instructions from the representatives.
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 AMARAVATI
FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 3908 OF 2017
Petition under Article 227 of the Constitution of India and aggrieved by the Docket Order dated 19.07.2017 passed in lA No.89 of 2016 in OS No.22 of 2016 on the file of the Court of the Principal Junior Civil Judge, Palakol, West Godavari District.
Between:
Kalisipudi Kanthamma @ Kanthamani, W/o. Veera Swamy, aged 76 years, Hindu, Occ: Retired Employee, D.No.5-126, Lankala Koderu, Palakol Mandal, West Godavari District, A.P.
...Petitioner/Defendant
AND
Mylabathula Rambabu, S/o. Madhusudana Rao, Aged 27 years, Hindu Occ: Private Employee, D.No. 5-168, Lankala Koderu, Palakol Mandal West Godavari District, A.P.
...Respondent/Plaintiff
j.A. NO: 1 OF 2017(CRPMP. NO: 5141 OF 2017)
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in OS.No.22 of 2016 on the file of the Principal Junior Civil Judge, Palakol including the execution of warrant of
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The Court made the following:
I
APHC010567422017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3460]
FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 3908/2017
Between;
K Kanthamma @ Kantamani
...PETITIONER
AND
Mylabathula Rambabu
...RESPONDENT
Counsel for the Petitioner:
1.NALLAMILLI NAGA SOMENDRA REDDY
Counsel for the Respondent:
1.G RAJA BABU
The Court made the following;
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION No.3908 of 2017
<br>
ORDER:
- The present Revision is filed questioning the interlocutoryorder dated 19.07.2017 in I.A.No.89 of 2016 in O.S.No.22 of 2016 passed by the Principal Junior Civil Judge, Palakol, West GodavariDistrict.
- At the time of hearing, it is represented by Sri N.N.Somendra Reddy, learned counsel for the petitioner that the petitioner had died on 30.05.2021 and he has no instructions from the legal representatives of the petitioner. A Memo to that effect was also filedon 12.09.2024 vide USR No.81484 of 2024.
- Recording the said submission, the Civil Revision Petition is dismissed for non-prosecution.
No order as to costs. As a sequel, pending applications, if any, shall stand closed.
SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
BSV
sree
HIGH COURT
DATED: 13/09/2024
ORDER
CRP.No.3908 of 2017
DISMISSING THE C.R.P. FOR NON-PROSECUTION WITHOUT COSTS
1 issue framed by the court
Whether the Civil Revision Petition should be entertained when the legal representatives of the deceased petitioner have not filed instructions or sought condonation of delay.
Kalisipudi Kanthamma @ Kantamani (L.R.)
Mylabathula Rambabu
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
