Pendyala Vamsi Krishna v. Chukkapalli Koteswara Rao
Dismissal for default – Second Appeal No.118 OF 2008 under S.100 CPC
Case brief
What is this about?
Single-judge order of the High Court of Andhra Pradesh at Amaravati (Justice T. Mallikarjuna Rao) dated 07.01.2025 dismissing Second Appeal No.118 OF 2008 (Pendyala Vamsi Krishna v. Chukkapalli Koteswara Rao and Others) for default for want of prosecution: no appearance in either session despite 'for dismissal' listing and unpaid Rs.1000/- costs imposed on 13.12.2024. Arises from a S.100 CPC challenge to A.S.No.138 of 2005 (VII Addl. District and Sessions Judge, FTC, Vijayawada), which had reversed the 26.09.2005 decree in O.S.No.67 of 2001 (III Addl. Senior Civil Judge, Vijayawada). No substantive law decided; citable, if at all, only for the procedural fact of dismissal for default.
What did the court decide?
None; the appeal was dismissed for default and there was no order as to costs. ¶¶24