Dismissed¶33

M.S Ansar Basha v. M. Gul Afroz and Another

Andhra Pradesh HC23 Sept 2025FCA/33/2009

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of Family Court Appeal No. 33 of 2009, High Court of Andhra Pradesh at Amaravati, decided 24.09.2025 by Battu Devanand and A. Hari Haranadha Sarma. Appellant M.S Ansar Basha (agriculturist, Maddikera village, Kurnool district) versus respondents M Gul Afroz (wife) and minor Noor E Sameer Afroz (daughter, represented by mother). Challenge to the Family Court, Anantapur order in fCMC.No. 44/2008 dated 09.01.2009 regarding the 1st respondent; IA No. 1 of 2009 (FCMP 67 of 2009) under Section 151 CPC for suspension of that order stood closed as a sequel. Keywords: non-prosecution, no representation, dismissal, no order as to costs, miscellaneous petitions closed.

What did the court decide?

The Family Court Appeal is dismissed for non-prosecution; there shall be no order as to costs. ¶33

M.S Ansar Basha Vs M. Gul Afroz and Another — Andhra Pradesh HC (2025) — LawSathi Research

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[3545]

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APHC010209252009

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

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WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL (FCA) NO: 33/2009

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Between:

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M.S ANSAR BASHA, S/O. M.S. USMAN AGRICULTURIST R/O. MADDIKERA VILLAGE, KURNOOL DISTRICT.

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...APPELLANT

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AND

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M GUL AFROZ AND ANOTHER, W/O. M.S. ANSAR BASHA R/O. DOOR NO. 24/228, GOUSULVARI STREET, OLD TOWN,

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NOOR E SAMEER AFROZ, D/O. M.S. ANSAR BASHA MINOR REP. BY MOTHER I.E., RESPONDENT NO.1

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...RESPONDENT(S):

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Appeal under section________ against orders

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IA NO: 1 OF 2009(FCAMP 67 OF 2009

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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 operation of the order passed by the Judge, Family Court, Anantapur made in fCMC.No. 44/2008 dated 09.01.2009 in respect of the 1st respondent only, pending the FCA.

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Counsel for the Appellant:

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1.M MEHDI HUSSAIN

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Counsel for the Respondent(S):

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1.KASA JAGANMOHAN REDDY

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2.K RAM REDDY

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL No.33 of 2009

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JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

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On 13.08.2025, when this matter was listed, there was no

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representation for the appellant. Accordingly, this matter was posted to 03.09.2025 under the caption “for dismissal”. On 10.09.2025, this matter was again listed. On that day also, there was no representation on behalf of the appellant. To give one more opportunity to the appellant, it was posted to today. Today also, there is no representation. Hence, it appears that the appellant has no interest to prosecute the case.

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