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2018 DAILYLAW 964 (AP)

KARYAMSETTY KOTESWARAMMA @ MARY KOTESWARAMMA, VIJAYAWADA v. KARYAMSETTY KASTURI BAI, GUNTUR DISTRICT AND 3 OTHERS

SA/851/2018 · 2026-04-15

Venuthurumalli Gopala Krishna Rao

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Judgment text

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APHC011491192010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 851/2018 Between: 1. KARYAMSETTY KOTESWARAMMA @ MARY KOTESWARAMMA, VIJAYAWADA, KRISHNA ...APPELLANT AND 1. KARYAMSETTY KASTURI BAI GUNTUR DISTRICT AND 3 OTHERS, GUNTUR 2. THE MANAGER, CENTRAL WAREHOUSING CORPORATION, VIJAYAWADA BASE DEPOT, RAYANAPADU, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL MANAGER, CENTRAL WAREHOUSING CORPORATION, REGIONAL OFFICE, BEHIND GANDHI BHAVAN, NAMPALLY, HYDERABAD 4. KARYAMSETTY PADMA BHAI DIED, W/O LATE BARNABAS, AGED ABOUT 55 YEARS, R/O VENGALAREDDY NAGAR, NARASARAOPET, GUNTUR DISTRICT. 5. KARYAMSETTY MARRY JESINTHA, W/O NAGARAJU, AGED ABOUT 50 YEARS, R/O D.NO.13-2-110/1, VENKATA REDDYNAGAR, AMBETHKARBOMMA, ESWARMAHAL BACKSIDE, NARASARAOPET, PALNADU DISTRICT. 6. TADIGIRI MALATHI, W/O ANIL KUMAR, AGED ABOUT 43 YEARS, R/O PARK ROAD, BESIDES BUSS STAND, 5TH LANE, MANGALAGIRI, GUNTUR DISTRICT. (AS PER THE COURT ORDER DATED 26.09.2025, RESPONDENT NOS. 5 AND 6 ARE IMPLEADED ON RECORD AS LRS OF DECEASED RESPONDENT NO.4, VIDE I.A.NO.3 OF 2024 IN S.A.NO.851 OF 2018) ...RESPONDENT(S): Appeal under section ___________ against ordersAggrieved by the judgment and decree dated 12-10-2009 passed in AS.No.15 of 2006 by the Additional Senior Civil Judge,Narasaraopet,Guntur District in confirming the judgment and decree dated 9-2-2006 passed in OS.No.387 of 2000 by the Principal Junior Civil Judge,Sattenapalli,Guntur District, IA NO: 1 OF 2010(SAMP 1304 OF 2010 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 40 days in filing the second appeal against the judgment and decree dated 12-10-2009 made in A.S.No. 15 of 2006 on the file of the Court of the Additional Senior Civil Judge, Narasaraopet, Guntur District and pass IA NO: 2 OF 2010(SAMP 1305 OF 2010 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 dispense with the filing of the certified copy of the judgment and decree dated 08-02- 2006 in O.S.No. 387 of 2000 passed by the Principal Junior Civil Judge, Sattanapalli, Narasaraopet, Guntur District and pass IA NO: 4 OF 2010(SAMP 18386 OF 2010 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 stay all further proceedings pursuant tot the judgment and decree dated 12-10- 20109 made in AS.No.15 of 2006 on the file of the court of the Additional Senior Civil Judge,Narasaraopet,Guntur pending disposal of the above SA and pass IA NO: 1 OF 2024 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 Pleased to condone the delay of 2051 days in filing of LRs petition in SA No. 851 of 2018 on the file of this Hon'ble Court and pass IA NO: 2 OF 2024 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 Pleased to set aside the abatement against the 4th respondent by giving opportunity to the petitioners to file LR petition and pass IA NO: 3 OF 2024 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 pleased to implead the petitioners as respondents Nos. 5 and 6 as legal representatives of the 4th respondent in S.A.NO. 851/2018 on the file of this Hon'ble court and pass Counsel for the Appellant: 1. VENKATESWARLU POSANI Counsel for the Respondent(S): 1. G SAI NARAYANA RAO 2. T V V KOTESWARA RAO 3. G RAMACHANDRA RAO The Court made the following: THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 851/2018 JUDGMENT:- As seen from the record on 24.12.2025, it was brought to the notice of this Court that the sole appellant had died. Therefore, the matter has been listed on 26.02.2026. On the said date of occasion also, none appeared for the appellant and the matter has been listed on 09.03.2026. 2. On 09.03.2026, at the request of the learned counsel for the appellant, the matter has been listed today i.e., 16.04.2026, as last chance. No LR applications have been filed till so far. Accordingly, the Second Appeal is dismissed as abated. No costs. As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 16.04.2026 LSP 42 THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 851/2018 Date: 16.04.2026 LSP