The High Court at Amaravati dismissed a second appeal for default due to the appellant's failure to appear and inability to obtain proper service of notice at the provided address, citing lack of interest to prosecute.
The Second Appeal is dismissed for default. There shall be no order as to costs.
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[3369]
APHC010063542004
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO SECOND APPEAL NO: 1406/2004
Between:
Varada Sai Baba
...APPELLANT
AND
Madduluri Srinivasa Rao
...RESPONDENT
Counsel for the Appellant:
1.K ANANDA RAO
Counsel for the Respondent:
1.Y V RAVI PRASAD
THE COURT MADE THE FOLLOWING JUDGMENT:
The Second Appeal is preferred by the appellant against the Judgment and Decree dated 05.08.2004, passed in A.S.No.181 of 2003, on the file of the learned III Additional District and Sessions Judge (F.T.C), Ongole.
the same was returned un-served with an endorsement ‘insufficient address’,
though it was sent to the address shown in the appeal.
further and hence, this Court has no other alternative except to dismiss the appeal.
closed.
________________________ T. MALLIKARJUNA RAO, J
Date: 04.12.2024 M K K
1 issue framed by the court
Whether the second appeal can be proceeded with when the appellant is absent.
Varada Sai Baba
Madduluri Srinivasa Rao
T. Mallikarjuna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
