Second appeal by plaintiffs against a first appellate court's reversal of their suit decree. With no representation from either side across two sessions and no interest shown, the appeal was dismissed for default with no order as to costs.
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APHC010069312004
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3369]
TUESDAY ,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO SECOND APPEAL NO: 159/2004
Between:
Penugonda Chittebbayi and Others
...APPELLANT(S)
AND
Desalanka Bapanna Died and Others
...RESPONDENT(S)
Counsel for the Appellant(S):
1.M S R SUBRAHMANYAM
Counsel for the Respondent(S):
1.S V R SUBRAHMANYAM
The Court made the following JUDGMENT:
1. This Second Appeal was filed by the appellants/plaintiffs 2 to 4 under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 05.09.2003 passed in A.S.No.05 of 2003 on the file of learned Senior Civil Judge’s Court, Pithapuram, reversing the judgment and decree, dated 20.02.2003 passed in O.S.No.98 of 1992 on the file of learned Junior Civil Judge’s Court, Pithapuram.
2. Today, when the matter is taken up for hearing in the morning session, no representation on either side. The matter was subsequently passed over at 2.15 P.M.
3. In the afternoon session also, there was no representation on behalf of the appellants despite listing the matter under the caption ‘for dismissal’. It seems that the appellants are not evincing any interest to proceed with the appeal.
4. Accordingly, the Second Appeal is dismissed for default. However, there shall be no order as to costs.
Miscellaneous petitions pending, if any, in this appeal shall stand closed.
JUSTICE T. MALLIKARJUNA RAO
Date:17.12.2024 MS
THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO
SECOND APPEAL NO.159 OF 2004 Date:17.12.2024
MS
1 provisions across 1 enactments
Penugonda Chittebbayi and Others
Desalanka Bapanna Died and Others
T. Mallikarjuna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
