Dismissed¶4

N. Narayana Swamy v. K. Manjula

Andhra Pradesh HC12 Aug 2025FCA/44/2007

Case brief

AI extract

What is this about?

Death of appellant during pendency; appeal dismissed as infructuous. Andhra Pradesh High Court at Amaravati, FCA No. 44 of 2007, decided 13-08-2025 (Battu Devanand, J.; A. Hari Haranadha Sarma, J.). Challenge under s.19 Family Court Act to decree dated 10.10.2006 in H.M.O.P. No. 111 of 2001 (Family Court-cum-V Addl. District & Sessions Judge, Tirupati) dismissing husband's divorce petition under s.13(1)(i)(ia)(ib) Hindu Marriage Act. Counsel: V. Venugopala Rao for appellant. Related applications: FCAMP 91 of 2007 (condonation of 106 days' delay) and FCAMP 94 of 2007 (suspension of decree); both closed as sequel. No costs.

What did the court decide?

No substantive relief; the Family Court Appeal was dismissed as infructuous with no order as to costs, and pending miscellaneous petitions were ordered to stand closed. ¶4

N. Narayana Swamy Vs K. Manjula — Matrimonial and Divorce | Andhra Pradesh HC (2025)

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APHCO10571722007

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-€{<¢

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl

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WEDNESDAY, THE THIRTEENTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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AND

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA I

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FAMILY COURT APPEAL NO: 44 OF 2007

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Appeal under section 19 of Family Court Act, against the order in O.P No. 111 of 2001 on the file of the Family Court Judge -Gum - V AddI-tiOnal District Judge, Tirupa{hi dated 10.10.2006.

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Betwee n :

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N. Narayana Swamy, S/o. Narayudu, aged about 44 years, R/o. D.No. 282, Muthyalareddipalli, Tirupati Rural Mandla, Chittoor District.

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...Appe]lant/Petitioner

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AND

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K Manjula, W/o. N. Narayana Swamy, D/o. Konduru Jayamma, aged about 36 years, R/o. Parameswara Mangalam Arundha{iwada, Puttur Mandal, Chittoor District.

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...Respondent/Respondent

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lANO: 2OF2007 FCAMP 94 OF 2007

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Petition` under Section 151 CPC praying that in th,e circumstances stated in the affidavit filed in suppert of the petition, the High Court may be pleased

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4ts_ Suspend the operat''on of the orders and decree m op NO.111/2001 dated

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10-10-2006 on the flle of the Faml'y court Judge cwm v Addl Dlstrlct Judgej Tjrl!pathj pendl'ng dI'SPOSal of the CMA

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i . -¥gr;t*'ii.I QquPSel for the Appellant.- sri v venugopala Rao ~.{.i. Q__ t +v counsel for the Respondent.I -

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The court ,made the followI-ng JUDGMENTI-

APHCO10571722007

[3545]

a`\

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl

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(special original Jurisdiction)

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WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND I

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL FCA.) NO: 44/2007

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Between :

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1.N.NARAYANA SWAMY, S/O.NARAYUDU R/O. D.NO. 282, MUTHYALAREDDIPALLI, TIRUPATI RURAL MANDLAf CHITTOOR DISTRICT.

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...APPELLANT

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AND

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1.K.MANJULA, W/o. N.Narayana Swamy, D/o. Konduru Jayamma R/o. parameswara Mangalam Arundhatiw.ada, Puttur Mandal, Chittoor District.

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...RESPONDENT

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IANO:1 OF2007 FCAMP 91 OF 2007

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pet|ition u'nder section 151 CPC praying that in the circumstances Sta.ted in the affidavit filed in support o`f the petition, the High Court may be pleased tO condone the deiJay of 106 days in representing th-e present CMA

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lANO: 2OF2007 FCAMP 94 OF 2007

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petition under section 151 CPC praying that ,in the circumstances Stated in the affidav-It filed in` Support Of t'he Petition, t-he H.igh Court may be pleased suspend the operation of the orders and decree in op.NO.111/2001 dated 10-10-2006 on the file of the Family Court Judge Gum V Addl. District Judge, Tirupathi pending disposal o.i the CMA

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Counsel for the Appellant:

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V VENUGOPALA RAO Counsel for the Respondent: 1. The Court made the following:

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THE HON]BLE SRI JUSTICE BATTU DEVANAND

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THE HONOURABLE SR[ JUSTICE A. HARI HARANADHA SARMA

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COURT PPEAL^No.44of2007

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UDGM^ENT (per Hon'ble Sri Justice Battu Devanand)

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Th'IS appeal has been flled agalnSt the decree and Order, dated 10.10.2006 in H.M O P.No.111 of 2001 on the file Of the Judge, Family court-cum~v Add|ltional District and SesslonS Court, Tirupati, Wherein the petit'lon filed by the appellant under section 13(1) (I) (ia) (ib) Of Hindu Marriage| Act, for dissolution Of Marriage and grant Of dlVOrCe against the respondent has been dismissed.

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During the COurSe Of hearing today, learned COunSel for the

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I app®ellant would submit that the appellant died and no cause of action survives in this appeal.

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Considering the SubmiSSIOnS Of the learned COunSel for the appellant, we are of the consldered opinion that after the death of the appellant, nothing survives for further adjudlcation in this case.

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