Dismissed

V Sundramma v. S K Amruta Valli Tayaramma

Andhra Pradesh HC13 Oct 2024SA/477/2003

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed a second appeal filed under Section 100 CPC for default. The appellant failed to appear or make any representation on the first day and did not show up again in the afternoon session when the matter was explicitly listed for dismissal.

What did the court decide?

The Second Appeal is dismissed for default. There shall be no order as to costs.

V Sundramma Vs S K Amruta Valli… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR

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MONDAY, THE FOURTEENTH DAY OF OCTOB -ov,
TWO THOUSAND AND TWENTY FOUR >•
Cv
m ,C-

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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SECOND APPEAL NO: 477 OF 2003

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Appeal under section 100of CPC, against the Judgment and Decree dated 30-12-2002 made in A.S No.7 of 1993 on the file of the Court of the Senior Civil Judge, Sompeta affirming the Decree and Judgment dated 3012-1992 made in O.S No.58 of 1986 on the file of the court of the District Munsif, Ichapuram, Srikakulam District.

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Between:

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Vyda Sundramma, Wife of late Umapathi, aged about 52 years Residing at Chinna Akula Street near Jagannadha Swamy Temple Ichapuram, Srikakulam District.

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...APPELLANT/APPELLANT/PLAINTIFF

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AND

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S K Amruta Valli Tayaramma, Wife of late Appalakrishnamma Haryulu, Aged about 57 years. Residing at Chinna Akula Street, near Jagannadha Swamy Temple, Ichapuram, Srikakulam District

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...RESPONDENT/RESPONDENT/DEFENDANT

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Counsel for the Appellant :SRI KOKA RAGHAVA RAO

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Counsel for the Respondent: SRI K S MURTHY

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The Court made the following JUDGMENT :

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APHC010229192003

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ‘ (Special Original Jurisdiction)

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[3369]

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MONDAY .THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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SECOND APPEAL NO: 477/200.?

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Between:

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V Sundramma ...APPELLANT

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AND

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S K Amruta Valli Tayaramma ...RESPONDENT

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Counsel for the Appellant:

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1.KOKA RAG HAVA RAO

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Counsel for the Respondent:

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1.KS MURTHY

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The Court made the following Judgment:

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This Second Appeal has been filed by the Appellant/Appellant/ Defendant under Section 100 of Code of Civil Procedure against the Decree and Judgment dated December 30, 2002 in A.S.No.07 of 1993 on the file of Court of the Senior Civil Judge, Sompeta, confirming the decree and Judgment dated 30.12.1992, in O.S.No.58 of 1986 on the file of the District Munsif, Ichapuram, Srikakulam (for short, ‘the trial Court’). 2. In the morning session, when the matter was called for hearing, no representation was made on behalf of the Appellant despite the presence of learned counsel for the Respondent. In light of his absence, the matter was subsequently passed over until 2:15 PM.

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In the afternoon session as well, there was no appearance^onbehalfof the Appellant. Although the matter was explicitly listed under the caption ‘for dismissal’, no representation was forthcoming on behalf of the Appellant. His absence indicates a lack of intent or interest on his part to further proceed with the Appeal.

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Consequently, due to the absence of the Appellant and his failure to appear, and to take steps to represent the matter, the Second Appeal is dismissed for default. However, there shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Appeal, shall stand closed.

/ /

To.

//TRUE COPY//

SD/- K.TATA RAO DEPUTY REGISTRAR /YSECTION OFFICER

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The District Musif, Ichapuram, Srikakulam District (with records)

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The Civil Judge (Senior Division), Sompeta, Srikakulam District.(with records)

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One CC to Sri. Koka Raghava Rao Advocate [OPUC]

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One CC to Sri. K S Murthy Advocate [OPUC]

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The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi

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THREE CD COPIES

TAC

HIGH COURT

DATED: 14/10/2024

JUDGMENT

SA.No.477 of 2003

DISMISSING THIS SECOND APPEAL FOR DEFAULT

V Sundramma v. S K Amruta Valli Tayaramma

Case brief

What is this about?

What did the court decide?

V Sundramma v. S K Amruta Valli Tayaramma

Case brief

What is this about?

What did the court decide?

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