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High Court of Andhra Pradesh · body

2005 DAILYLAW 1248 (AP)

B. Sreenivasa Sreekrishna, v. Sri Durgamalleswara Education Society,

AS/180/2005 · 2026-04-15

Balaji Medamalli, Ravi Nath Tilhari

body2005

Judgment text

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APHC010288052005 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE APPEAL SUIT NO: 180/2005 Between: 1. B. SREENIVASA SREEKRISHNA,, S/O SRI B.S. APPA RAO, BUSINESS R/O D.NO. 102, GEETANJALI APRT., PLOT NO. 108, SREENAGAR COLONY, HYDERABAD. 1. SRI DURGAMALLESWARA EDUCATION SOCIETY, PRESIDENT C/O SATAVAHANA COLLEGE, GANDHINAGAR, VIJAYAWADA. 2. THE STATE ELECTRICITY BOARD OPERATION CIRCLE, STAFF COOP. BUILDGS SOCIETY LTD., G.NO. 2343 OF SRINAGAR COLONY, VIJAYAWADA, C/O OFFICE OF THE SUPERINTENDING ENGINEER (OPERATION), APS 3. B SREENIVASA APPA RAO, S/O LATE SIVARAMA KRISHNAIAH, PROPETIES, MOGALRAJAPURAM, VIJAYAWADA. appeal against the decree & judgment in OS No. 253/98, dt. 20.11.04 on the file of Court of the III Addl. Dist. Judge, IA NO: 1 OF 2005(ASMP 596 OF 2005 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 180/2005 B. SREENIVASA SREEKRISHNA,, S/O SRI B.S. APPA RAO, BUSINESS R/O D.NO. 102, GEETANJALI APRT., PLOT NO. 108, SREENAGAR COLONY, HYDERABAD. ...APPELLANT AND SRI DURGAMALLESWARA EDUCATION SOCIETY, PRESIDENT C/O SATAVAHANA COLLEGE, GANDHINAGAR, THE STATE ELECTRICITY BOARD OPERATION CIRCLE, STAFF COOP. BUILDGS SOCIETY LTD., G.NO. 2343 OF SRINAGAR COLONY, VIJAYAWADA, C/O OFFICE OF THE SUPERINTENDING ENGINEER (OPERATION), APSEB, BANDAR ROAD, B SREENIVASA APPA RAO, S/O LATE SIVARAMA KRISHNAIAH, PROPETIES, MOGALRAJAPURAM, VIJAYAWADA. ...RESPONDENT(S): appeal against the decree & judgment in OS No. 253/98, dt. 20.11.04 on the file of Court of the III Addl. Dist. Judge, Vijayawada, Krishna Dist. IA NO: 1 OF 2005(ASMP 596 OF 2005 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 IN THE HIGH COURT OF ANDHRA PRADESH [3572] THE SIXTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI BALAJI MEDAMALLI B. SREENIVASA SREEKRISHNA,, S/O SRI B.S. APPA RAO, BUSINESS R/O D.NO. 102, GEETANJALI APRT., PLOT NO. 108, ...APPELLANT SRI DURGAMALLESWARA EDUCATION SOCIETY, REP BY ITS PRESIDENT C/O SATAVAHANA COLLEGE, GANDHINAGAR, THE STATE ELECTRICITY BOARD OPERATION CIRCLE, STAFF COOP. BUILDGS SOCIETY LTD., G.NO. 2343 OF SRINAGAR COLONY, VIJAYAWADA, C/O OFFICE OF THE SUPERINTENDING B SREENIVASA APPA RAO, S/O LATE SIVARAMA KRISHNAIAH, ...RESPONDENT(S): appeal against the decree & judgment in OS No. 253/98, dt. 20.11.04 on Vijayawada, Krishna Dist. 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 2 RNT,J & BM,J A.S.No.180 of 2005 suspend the judgement and decree dt. 20.11.04 passed in OS NO. 253/98 on the file of the III Addl. Dist. Judge, Vijayawada, Krishna Dist., pending disposal of the appeal IA NO: 2 OF 2005(ASMP 809 OF 2005 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 grant ad-interim injunction restraining respondents 1 and 2 from making any constructions or from altering the nature of the A& B of Plaint Schedule Property. Counsel for the Appellant: 1. . Counsel for the Respondent(S): 1. LALAM SYAMANTHA 2. RAJA REDDY KONETI 3 RNT,J & BM,J A.S.No.180 of 2005 The Court made the following: JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed by the appellant/plaintiff, being aggrieved from the judgment and decree dated 20.11.2004 passed in O.S.No.253 of 1998 on the file of the III Additional District Judge, Vijayawada. 2. On 16.02.2026, the following order was passed: “Notice was sent to the appellant on account of the elevation of the appellant’s counsel to the Bench. 2. As per the office report dated 09.02.2026, the position is as under: “Sole Appellant- Notice sent correct address on 17/04/2025 but tappal not yet returned till today and also consignment track report not available as per Postal Department.” 3. Awaiting service of notice. 4. List after four weeks. 5. Office to submit fresh service report.” 3. As per the office report dated 10.04.2026, notice has been received back unserved with the endorsement ‘no such person in the address’. Registered notice was sent to the correct address of the appellant, as given in the memo filed by the respondent. 4. The matter pertains to the year 2005 shown under the caption ‘old matters’. 4 RNT,J & BM,J A.S.No.180 of 2005 5. In view of the aforesaid office report, there is deemed service on the appellant. 6. As none appears for the appellant, as also in view of the office report, this Appeal Suit is dismissed for want of prosecution. 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: 16.04.2026 MDP