M Kishore Kumar, Vizianagaram Dist Vs M.Rama Simha Roja Nalini, Vizianagaram Dist — Andhra Pradesh HC (2026) — LawSathi Research

M Kishore Kumar, Vizianagaram Dist Vs M.Rama Simha Roja Nalini, Vizianagaram Dist — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Civil Miscellaneous Appeal should be dismissed in view of the appellant's lack of interest in prosecuting the case.

Court's answer

Recording the counsel's submission that the appellant has taken no further steps pursuant to the orders dated 09.02.2026 and is not showing any interest in prosecuting the case, the Court dismissed the Civil Miscellaneous Appeal.

Ratio / Principle

No order as to costs was made on dismissal of the appeal.

Key takeaways

As a sequel to the dismissal, miscellaneous petitions, if any pending, were directed to stand closed.ratio¶44

Detailed headnote1 paragraphs

Civil Miscellaneous Appeal No. 783 of 2016, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction) — appellant M Kishore Kumar (s/o Kiran Kumar, Vizianagaram District) v. respondent M Rama Simha Roja Nalini (w/o Kishore Kumar, Junior Assistant, Z.P. High School, Merakamudidam). Appeal brought against the orders dated 09.03.2016 in GOP No. 343 of 2014 of the Principal District Judge, Vizianagaram District; the statute under which the appeal was filed is left blank in the cause paper ('Appeal Under Section_____'). Interlocutory petitions under Section 151 CPC included condonation of an 84-day representation delay (CMASR No. 14679/2016). Bench: Justices Ravi Nath Tilhari and Balaji Medamalli; judgment per Hon'ble Justice Ravi Nath Tilhari, countersigned by Justice Balaji Medamalli. By an earlier order of 09.02.2026 the Court had recorded counsel's oral submission that the appellant-father was no more interested in prosecuting the appeal and had called for an appropriate application/memo. On 16.02.2026, counsel G. Venkatesh (representing T.D. Phani Kumar) submitted that no further steps had been taken pursuant to that order and the appellant was not showing any interest in prosecuting the case; recording the submission, the Court dismissed the Civil Miscellaneous Appeal, made no order as to costs, and directed that miscellaneous petitions, if any pending, stand closed. Decision dated 16.02.2026.

1

(RNT,J &BM,J CMA. NO.783 OF 2016)

APHC010855492016

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3572]

MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

CIVIL MISCELLANEOUS APPEAL NO: 783/2016

Between:

M KISHORE KUMAR, VIZIANAGARAM DIST, S/O. KIRAN KUMAR R/O. JARAJAPUPETA VILLAGE, NELLIMARLA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

M RAMA SIMHA ROJA NALINI VIZIANAGARAM DIST, W/o. Kishore Kumar Occ: Junior Assistant Z.P. High School, Merakamudidam Mandal and Village, Vizianagaram Dist

...RESPONDENT

Appeal Under Section_____against ordersaggrieved by the orders dt. 09.03.2016 in GOP.No. 343 of 2014 on the file of the Principal District judge, Vizianagaram District.

IA NO: 1 OF 2016(CMAMP 1519 OF 2016

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 condone the delay of 84 days in representing the CMASR.No. 14679/2016 and pass

IA NO: 2 OF 2016(CMAMP 1581 OF 2016

2

(RNT,J &BM,J CMA. NO.783 OF 2016)

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 fix an early date of hearing of the above appeal

IA NO: 5 OF 2016(CMAMP 23796 OF 2016

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

Counsel for the Appellant:

1.T D PANI KUMAR

Counsel for the Respondent:

1.T V SRI DEVI

The Court made the following:

3

(RNT,J &BM,J CMA. NO.783 OF 2016)

JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari)

On 09.02.2026, the following order was passed :

“Learned counsel for the appellant submits orally that

appellant-father is no more interest in prosecuting the appeal 2. Let an appropriate application/memo be filed to that effect

3. List next week.”

2. Mr.G.Venkatesh, learned counsel representing

Mr.T.D.Phani Kumar, learned counsel for the appellant/petitioner, submits that

the appellant has not taken any further steps pursuant to the said orders and is not showing any interest in prosecuting the case.

Recording the aforesaid submission, the Civil Miscellaneous Appeal is dismissed.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall

also stand closed.

____________________ RAVI NATH TILHARI, J

_____________________ BALAJI MEDAMALLI,J

Date :16.02.2026. RPD.

4

(RNT,J &BM,J CMA. NO.783 OF 2016)

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND

THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

(DISMISSED)

CIVIL MISCELLANEOUS APPEAL NO: 783 OF 2016

Date: 16.02.2026

RPD.