Sripada Satyanarayana Vs Sripada Venkata Subramanya Rajagopala Rao

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY ,THE THIRD DAY OF JANUARY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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FIRST APPEAL NO: 404 OF 2013

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Appeal filed Under Section 96 of C.P.C, aggrieved by the Judgment and decree dated 20.02.2013 passed in OSNo.1 of 2003 on the court of IX Additional District Judge ( FTC), Visakhapatnam.

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Between:

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Sripada Satyanarayana, S/o late Bhairava Murthy, Retired employee, R/o D.No. 4-44-7, Vijayanagar Colony, Peda Waltair, Visakhapatnam - 17

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Sripada Prakash, S/o Sripada Satyanarayana, Retired employee, R/o D.No. 4-44-7, Vijayanagar Colony, Peda Waltair, Visakhapatnam^-17

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...APPELLANT(S)

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AND

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Sripada Venkata Subramanya Rajagopala Rao, S/o Sri Satyanarayana, C/o. Mrs. Y.Sujatha, Advocate R/o S.F.C.I., Goutham Residency, Akkayapalem, Visakhapatnam. Pin; 530 016

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Sripada Krishna Mohan S/o Satyanarayana, R/o GF No. 2, Lotus Krishna Apartments, Plot No. 662, C-Block, 1st Main Road, A.E.C.S.Lay Out, Kundanahalli Gate, Marata Bangalore. Pin; 560⁰⁰²

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...RESPONDENTS

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I.A. NO: 1 OF 2013(ASMP. NO: 1043 OF 2013)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certificate copy of the decree dated 20.02.2013 passed in OS No. 1/2003 in the ends of justice.

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I.A. NO: 2 OF 2013(ASMP. NO: 1242 OF 2013)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree passed in^OS.No. 1 of 2003 dt.20/02/2013 on the court of the IX Additional District Judge, (FTC) Visakhapatnam and grant stay of delivery of the suit property pending this appeal

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I.A. NO: 1 OF 2014(ASMP. NO: 264 OF 2014)

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Between:

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Sripada Venkata Subramanya Rajagopala Rao, S/o Sri Satyanarayana, C/o. Mrs. Y.Sujatha, Advocate R/o S.F.C.I., Goutham Residency, Akkayapalem, Visakhapatnam. Pin: 530 016

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...PETITIONER/1®^ RESPONDENT

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AND

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Sripada Satyanarayana, S/o late Bhairava Murthy, Aged 89 years. Retired employee, R/o D.No. 4-44-7, Vijayanagar Colony, Peda Waltair, Visakhapatnam -17

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Sripada Prakash, S/o Sripada Satyanarayana, Retired employee, R/o D.No. 4-44-7, Vijayanagar Colony, Peda Waltair, Visakhapatnam^-17

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/

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3 . Sripada Krishna Mohan S/o Satyanarayana, R/o GF No. 2, Lotus Krishna Apartments, Plot No. 662, C-Block, 1st Main Road, A.E.C.S.Lay Out, Kundanahalli Gate, Marata Bangalore. Pin: 560⁰⁰²

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(3'^° RESPONDENT IS NOT NECESSARY)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order dt.23.04.2013 passed in^{A.S.M.P.No.1242} of 2013 in A.S.No.404 of 2013.

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I.A. NO: 1 OF 2016rASMP. NO: 64 OF 2016)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to expedite the hearing of the appeal in AS No. 404 of 2013 and pass

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Counsel for the Appellants : SRI D RAMALINGA SWAMY

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Counsel for the Respondents : SRI S RAJAN

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The Court made the following JUDGMENT ;

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

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FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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APPEAL SUIT NO: 404/2013

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Between:

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1.SRIPADA SATYANARAYANA, S/0 LATE BHAIRAVA MURTHY, RETIRED EMPLOYEE, R/0 D.NO. 4-44-7, VIJAYANAGAR COLONY, PEDA WALTAIR, VISAKHAPATNAM - 17

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2.SRIPADA PRAKASH, S/0 SRIPADA SATYANARAYANA, RETIRED EMPLOYEE, R/0 D.NO. 4-44-7, VIJAYANAGAR COLONY, PEDA WALTAIR, VISAKHAPATNAM - 17

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...APPELLANT(S)

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AND

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1.SRIPADA VENKATA SUBRAMANYA RAJAGOPALA RAO, S/0 SRI SATYANARAYANA, C/0. MRS. Y.SUJATHA, ADVOCATE R/0 S.F.C.I., GOUTHAM RESIDENCY, AKKAYAPALEM, VISAKHAPATNAM. PIN: 530 016

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2.SRIPADA KRISHNA MOHAN S/0 SATYANARAYANA, R/0 GF NO. 2, LOTUS KRISHNA APARTMENTS, PLOT NO. 662, C-BLOCK, 1ST MAIN ROAD, A.E.C.S.LAY OUT, KUNDANAHALLI GATE, MARATA BANGALORE. PIN: 560 002

...RESPONDENT(S):

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THE COURT MADE THE FOLLOWING JUDGMENT:

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The Appeal Suit is preferred by the appellants against the Judgment and Decree dated 20.02.2013, passed in O.S.No.01 of 2003, on the file of the learned IX Additional District Judge (FTC), Visakhapatnam.

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None appeared for the appellants. Sri S.Rajan, learned^{counselforthe} respondent is present.

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It is brought to the notice of this Court about the passing away of learned counsel for the appellants, this Court ordered notice but the same were returned un-served with an endorsement ‘no such person in the address’ despite sending to the address shown in the appeal.

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It seems that the appellants are not interest to prosecute appeal and without proper representation from both sides, this Court could not proceed further. Hence, this Court has no other alternative except to dismiss the appeal.

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