Madamanchi Subba Rao Vs Madamanchi Buchi Rao

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE SECOND 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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SECOND APPEAL NO: 977 OF 2009

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Appeal filed under Section 100 of C.P.C, against the Judgment and Decree dated 03-07-2009 passed in A.S No.264 of 2007 on the file of District Judge, Guntur reversing the Judgment and Decree dated 31-07-2007 passed in OS No.88 of 2002 on the file of Senior Civil Judge, Bapatia, Guntur District.

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Between:

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Madamanchi Subba Rao, S/o.Basava Kotaiah, aged 44 years. OcciBusiness, R/o.SRT-86, 2nd floor, Prakash Nagar, Hyderabad.

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...Appellant/Respondent/Defendant

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AND

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Madamanchi Buchi Rao, S/o.Rama Krishnaiah aged 49 years. Occ:Agriculture, R/o.Vallabaraopalem Village, Ponnur Mandal, Guntur District.

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...Respondent/Appellant/Plaintiff

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LA. NO: 1 OF 2009rSAMP. NO: 2138 OF 2nnQ)

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Petition filed 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 Judgment and Decree passed in AS.No.264 of 2007 dated 3-7-2009 on the file of the District Judge, Guntur including the execution of E.P.

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Counsel for the Appellant :Sri B Paramesewara Rao

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Counsel for the Respondent :Srl CAR Seshagiri Rao

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The Court made the following: ORDER

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APHC010298092009

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

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[3369]

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THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO SFCOND APPEAL NO: 977/2009

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Between;

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S/0 BASAVA KOTAIAH BUSINESS R/0

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1.MADAMANCH1 SUBBA RAO SRT-86, 2ND FLOOR, PRAKASH NAGAR

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...appellant

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AND

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Rama Krishnaiah Agriculture R/o 1.MADAMANCH1 BUCHl RAO, S/o Vallabaraopalem Village, Ponnur Mandal, Guntur District ...RESPONDENT

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THF court made the FPL LOWING ORDE^

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The Second Appeal is preferred by the appellant against^theJudgment A.S.No.264 of 2007, on the file of and Decree dated 03.07.2009, passed in the learned District judge, Guntur, reversing the Judgment^{anddecreedated} of the Senior Civil Judge, 31.07.2007, passed in O.S.No.88 of 2002, on the file

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Bapatla.

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Learned counsel appearing on both sides are present.

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1

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Learned counsel for the appellant submits that the matter is settled before the Lok Adalat in the trial Court and the cause of action does not survive and hence he requests this Court to close this matter.

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Learned counsel for the respondent conceded with the said submission of learned counsel for the appellant.

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Recording the above submission, the Second Appeal is dismissed as cause does not survive. There shall be no order as to costs.

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Interim orders granted earlier, if any, shall stand vacated.

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Miscellaneous petitions pending, if any, in this appeal shall stand

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closed.

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Sd/- V DIWAKAR DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The District Judge, Guntur, Guntur District. (With records) 2. The Civil Judge (Senior Division), Bapatia, Guntur^District. 3. One CC to Sri B Paramesewara Rao Advocate [OPUC] 4. One CC to Sri C A R Seshagiri Rao Advocate [OPUO 5. The Section Officer, V.R.Section, High Court of Andhra^Pradeshat Amaravati.

6. Three CD Copies

BSV

vna

HIGH COURT

DATED:02/01/2025

JUDGMENT