✦ Andhra Pradesh High Court · 07 Jan 2025

Pendyala Vamsi Krishna v. Chukkapalli Koteswara Rao & Ors.

T MALLIKARJUNA RAO

Case at a glance

Outcome

Dismissed

Accordingly, the Second Appeal is dismissed for default

Provisions considered

Key paragraphs

  • Para 55. Accordingly, the Second Appeal is dismissed for default. However, there shall be no order as to costs. Miscellaneous petitions pending, if any, in this appeal shall stand closed. Date:07.01.2025 MS _____________________________ JUSTICE T. MALLIKARJUNA RAO THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO SECOND APPEAL NO.118…

Judgment

Cause title

THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

SECOND APPEAL NO: 118/2008 Between: Pendyala Vamsi Krishna ...APPELLANT

AND Chukkapalli Koteswara Rao and Others ...RESPONDENT(S)

Counsel for the Appellant:

1. SRINIVASA RAO G Counsel for the Respondent(S):

1. SREENIVASA RAO VELIVELA

2. 5305/CH SUDARSHAN RAO The Court made the following

JUDGMENT:

1.

This Second Appeal was filed by the appellant/plaintiff under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 24.09.2007 passed in A.S.No.138 of 2005 on the file of learned VII Additional District and Sessions Judge (Fast Track Court), Vijayawada, reversing the judgment and decree, dated 26.09.2005 passed in O.S.No.67 of 2001 on the file of learned III Additional Senior Civil Judge’s Court, Vijayawada.

2.

As per orders dated 25.01.2023, the appellants 2 and 3 were brought on record as Legal Representatives of the deceased/Sole appellant vide I.A.No.1 of 2019.

3.

Today, when the matter is taken up for hearing in the morning session, no representation on behalf of the appellants. The matter was subsequently passed over at 2.15 P.M.

4.

In the afternoon session also, there was no representation on behalf of the appellants despite listing the matter under the caption ‘for dismissal’. As seen from the proceedings dated 13.12.2024, this Court adjourned the matter on payment of costs of Rs.1000/-. A perusal of the endorsement of Registry shows that the costs have not been paid by the appellants. It seems that the appellants are not evincing any interest to prosecute with the appeal.

Operative part

5.

Accordingly, the Second Appeal is dismissed for default. However, there shall be no order as to costs. Miscellaneous petitions pending, if any, in this appeal shall stand closed. Date:07.01.2025 MS _____________________________ JUSTICE T. MALLIKARJUNA RAO THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO SECOND APPEAL NO.118 OF 2008 Date:07.01.2025 MS

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the Second Appeal is dismissed for default

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — s. 100.

Which court decided this case, and when?

Andhra Pradesh High Court, on 07 Jan 2025. The bench was T MALLIKARJUNA RAO.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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