Second appeal dismissed as abated after the sole appellant died and her legal representatives declined to proceed. No costs; pending petitions closed and interim stay vacated.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
SECOND APPEAL NO: 786 OF 2011
Appeal under Section 100 of CPC, gainst the judgmentanddecreedated 6.04.2011, passed in A.S. No. 9 of 2010 on the file of the Principal District Judge West Godavari, At Eluru, in setting aside the judgmentanddecreedated 29.10.2009, passed in O.S. No. 114 of 2005 on the file of the Senior Civil Judge, Kowur.
Between:
Smt. Penamatsa Venkata Subbayamma, W/o Late Satyanarayana Raju, Aged about 74 years, R/o Bandivarigudem, T.Narsapuram Mandal, Chintalapudi JCJC.
...Appellant/Respondent/Defendant
AND
Smt.Penmatsa Parvathi, W/o Srinivasa Raju, Aged about 38 years, Occ: Employee, R/o Rajula Colony, Jangareddigudem.
...Respondent/Appellant/Plaintiff
I.A. NO: 1 OF 2011(SAMP. NO: 1784 OF 2011)
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of the judgment and decree dated 6-4-2011 passed in AS.No. 9/2010 on the file of the Principal District Judge, West Godavari at Eluru.
Counsel for the Appellant: Sri. Venkateswara Rao Gudapati
Counsel for the Respondents: Sri. Narasimha Rao Davuluri
The Court made the following:
THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
SECOND APPEAL N0.786 OF 2011
•9.
JUDGMENT:
The learned counsel Ms.S.Manasvi, representing on behalf
of Mr.Venkateswara Rao Gudapati, learned counsel for the appellant would submit that sole appellant died and legal representatives of appellant are not interested to proceed with the appeal. She prays to dismiss the appeal as abated.
costs.
Consequently, miscellaneous petitions, if any, shallstand
closed. The interim stay granted if any, shall standvacated.
Sd/- V. DIWAKAR DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
AL
HIGH COURT
SAM
DATED:04/01/2024
ORDER
SA.No.786 of 2011
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DISMISSING THE SECOND APPEAL AS ABATED
2 provisions across 1 enactments
Smt. Penamatsa Venkata Subbayamma
Smt. Penmatsa Parvathi
Bandaru Syamsunder
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
