Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010597442016 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: 638/2016 Between: 1. NADELLA SARATH CHANDRA BABU,, S/ O. VENKATESWARA RAO, HINDU, AGED ABOUT 57 YEARS, CONTRACTOR, RESIDENT OF PEDAPROLU, MOPIDEVI MANDAL 2. ., - 3. ., - 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS COLLECTOR, KRISHNA DISTRICT MACHILIPATNAM PJCJ, MACHILIPATNAM 2. THE DISTRICT CHAIRMAN, DISTRICT SAND AUCTION COMMITTEE KRISHNA DISTRICT, 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM, PJCJ MACHILIPATNAM Allow the above appeal while setting aside the Judgement and Decree dated:28/01/2016 made and passed in O.S. No. 2 of 2007 on the file of the 02.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 638/2016 NADELLA SARATH CHANDRA BABU,, S/ O. VENKATESWARA RAO, HINDU, AGED ABOUT 57 YEARS, CONTRACTOR, RESIDENT OF PEDAPROLU, MOPIDEVI MANDAL JCJC, AVANIGADDA. ...APPELLANT(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS COLLECTOR, KRISHNA DISTRICT MACHILIPATNAM PJCJ, THE DISTRICT CHAIRMAN, DISTRICT SAND AUCTION COMMITTEE KRISHNA DISTRICT, MACHILIPATNAM PJCJ, MACHILIPATNAM THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM, PJCJ MACHILIPATNAM ...RESPONDENT(S): Allow the above appeal while setting aside the Judgement and Decree /01/2016 made and passed in O.S. No. 2 of 2007 on the file of the IN THE HIGH COURT OF ANDHRA PRADESH [3597] THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI NADELLA SARATH CHANDRA BABU,, S/ O. VENKATESWARA RAO, HINDU, AGED ABOUT 57 YEARS, CONTRACTOR, RESIDENT OF ...APPELLANT(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS COLLECTOR, KRISHNA DISTRICT MACHILIPATNAM PJCJ, THE DISTRICT CHAIRMAN, DISTRICT SAND AUCTION COMMITTEE MACHILIPATNAM PJCJ, MACHILIPATNAM THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, ...RESPONDENT(S): Allow the above appeal while setting aside the Judgement and Decree /01/2016 made and passed in O.S. No. 2 of 2007 on the file of the Learned Principle District Judge, Krishna District, Machlipatnam in the interest of justice and to pass IA NO: 1 OF 2016(ASMP 1427 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 grant stay of operation of the judgment and decree dated 28/01/2016 made and passed in OS.No. 2 of 2007, on the file of the Learned Principal District Judge, Krishna District, Machilipatnam, pending disposal of the above appeal in the interest of justice and to pass IA NO: 2 OF 2016(ASMP 2119 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 enlarge the time for complying the condition of deposit by granting any further time preferably four weeks from this day since the stitulated time expried on 27.09.2016 as per interim orders dated 02.08.2016 passed in ASMP No.1427/2016in AS No.638/2016 so as to enable me to deposit the balance amount out of 50% decretal amount with the trial court in the interest of justice IA NO: 5 OF 2016(ASMP 7735 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(S): 1. A SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR APPEALS (AP) 2. GP FOR REVENUE (AP) The Court made the following: THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 638/2016 Judgment: (Per Hon’ble Sri Justice D.Ramesh) The present Appeal Suit is filed challenging the judgment and decree dated 28.01.2016 passed by the learned Principal District Judge, Krishna District, Machilipatnam, in O.S.No.2 of 2007. 2. On 08.10.2025 and 18.06.2026, there was no representation on behalf of the appellants. Even today, none present to press the appeal despite listing the matter under the caption ‘For Dismissal’. Hence, it clearly shows that the appellants are not interested to prosecute the case. 3. 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 283 283 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 638/2016 Dated : 02.07.2026 TJN HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI APPEAL SUIT NO: 638/2016 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