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2016 DAILYLAW 791 (AP)

M/s. H.R.R. Constructions Private Limited, v. M/s. Anushta Mall Management Company Private Limited,

AS/373/2016 · 2026-07-01

B V L N Chakravarthi, D Ramesh

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of reserved for orders : Date of pronouncement : Date of uploading : APHC010405432016 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 2 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 373/2016 Between: 1. M/S. H.R.R. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDR NARAYANA SWAMY, BANGALORE, KARNATAKA. 2. M/S. RAMSHIL CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. 3. M/S. SHIMANI CONSTRUCTIONS INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. 4. M/S. FINE SHINE DEVELOPERS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. 5. M/S. H.R.S. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. 6. M/S. ANIRAG CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJU, BANGALORE, 02.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 373/2016 M/S. H.R.R. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. M/S. RAMSHIL CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. M/S. SHIMANI CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. M/S. FINE SHINE DEVELOPERS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS IRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. M/S. H.R.S. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. RAG CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJU, BANGALORE, IN THE HIGH COURT OF ANDHRA PRADESH [3597] THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI M/S. H.R.R. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS A, SON OF H.B. M/S. RAMSHIL CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. M/S. FINE SHINE DEVELOPERS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS IRECTOR, H.B. JAI RAJ, BANGALORE, KARNATAKA. M/S. H.R.S. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. RAG CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJU, BANGALORE, KARNATAKA. 7. M/S. H.B.J. CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. 8. M/S. SOUDAMANI CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. 9. M/S. JAISHIL CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.B. JAI RAJ, SON OF H.B. BASAVA RAJ, BANGALORE, KARNATAKA. 10. M/S. H.N.P. CONSTRUCTIONS,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.N. RAGHAVENDRA, SON OF H.B. NARAYANA SWAMY, BANGALORE, KARNATAKA. 11. M/S. SEEMA CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA. 12. M/S. THYAGARAJ CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA. 13. M/S. JANET PROPERTY DEVELOPERS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA. 14. M/S. SUNITA ESTATE PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, T.C. KARUNAKAR, VIJAYAWADA. 15. M/S. JYOTHSNA ESTATES PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA 16. M/S. CHRISTINA CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA 17. M/S. DINAKAR CONSTRUCTIONS PRIVATE LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, DINAKAR THYAGARAJ, SON OF H.R. THYAGARAJ, VIJAYAWADA. 18. M/S. CHINTAKUNTA CONSTRUCTIONS,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, REP. BY ITS MANAGING DIRECTOR, H.R. THYAGARAJ, SON OF LATE PADMARAJ HEDGE, VIJAYAWADA. (CLAIMANTS 1 TO 18 ARE BEING REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SMT. J. MALINI THYAGARAJ, W/O. H.R. THYAGARAJ, AGED ABOUT 62 YEARS, C/O. J.C. GRAPHICS PRIVATE LIMITED, INDUSTRIAL ESTATE, VIJAYAWADA.) 19. J. MALINI THYAGARAJU,, W/O. H.R. THYAGARAJ, CHRISTIAN, AGED 66 YEARS, C/O. J.C. GRAPHICS PRIVATE LIMITED, INDUSTRIAL ESTATE, VIJAYAWADA. 20. H. RATNAKAR THYAGARAJU,, SON OF LATE PADMARAJ HEGDE, HINDU, AGED 74 YEARS, BUSINESS, J.C. GRAPHICS PRIVATE LIMITED, INDUSTRIAL ESTATE, VIJAYAWADA-7. ...APPELLANT(S) AND 1. M/S ANUSHTA MALL MANAGEMENT COMPANY PRIVATE LIMITED, REPRESENTED BY ITS VICE PRESIDENT (LEGAL), MR. ASHOK KR. SRIVASTAVA. 2. DASARI SAMUEL, SON OF BUSSIAHA, CHRISTIAN, AGED 58 YEARS, RESIDING AT CHRISTIANPETA, BUJABALAPATNAM, KAIKALURU, KRISHNA DISTRICT, FALSELY CLAIMING TO BE CHAIRMAN OF TRUST ASSOCIATION OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, RAMANAYYAPETA, INDIRA NAGAR, KAKINADA, EAST GODAVARI DISTRICT. 3. N RUBEN, SECRETARY OF TRUST ASSOCIATION OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, # 18-112. PEDAGADILI, DAIRY FORM POST, VISAKHAPATNAM ...RESPONDENT(S): against the Decree & Judgment dated 16th March 2016, passed in EP No.233 of 2012 in EP No.49 of 2011 on the file of the learned Prl. District & Sessions Judge, Visakhaptnam IA NO: 1 OF 2016(ASMP 863 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 suspend the order of the learned Principal District Judge, Visakhapatnam dated 16/03/2016 in EA 233 of 2012 in EP 49 of 2011 in AA No.1 of 2010, pending disposal of the main appeal and pass Counsel for the Appellant(S): 1. M PAPA REDDY Counsel for the Respondent(S): 1. The Court made the following: THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 373/2016 Judgment: (Per Hon’ble Sri Justice D.Ramesh) The present Appeal Suit is filed challenging the judgment and decree dated 16.03.2016 passed by the learned Principal District & Sessions Court, Visakhapatnam, in E.A. No.233 of 2012 in E.P.No.49 of 2011 in ARB.O.P.No.1 of 2010. 2. On 18.06.2026, there was no representation on behalf of the appellants and even he is not able to comply with the orders passed by this Court on 13.02.2017 by serving notices to the respondents. 3. Even today, none present to press the appeal despite listing the matter under the caption ‘For Dismissal’. Accordingly, the appeal is dismissed for non-prosecution. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ____________ D.RAMESH, J ________________________ B.V.L.N.CHAKRAVARTHI, J Dated : 02.07.2026 TJN Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 281 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 373/2016 Dated : 02.07.2026 TJN HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI APPEAL SUIT NO: 373/2016 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 02.7.2026 DR, J & BVLNC, J The Appeal Suit is dismissed for non- prosecution. (Vide Separate Judgment) _______ DR, J _________ BVLNC, J TJN