I <>. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 254 OF 2019 Appeal under Order 43 Rule 1(r), aggrieved by the order and decree dated 29-01-2019 in I.A.No.246/2018 in O.S.No 68/2018 on the file of the VI Additional District Judge. Kurnool. Between: 1. Dr. Gajulapalle Rajasekhar, S/o.G.Venkata Subbaiah, Aged 43 years, Hindu, Doctor, R/o.H.No.46/1-SRN-201, A-Camp, Chanikyapuri Colony, Kurnool. 2. B.Subba Rao, s/o.late B.Nagalingam, Aged 71 years, Hindu, Business, R/o.H.N.87 1087-42-2, Ganesh Nagar-2, Kurnool City, 3. Dr.B.Suresh, S/o.B.Subba Rao, Aged 42 years, Hindu R/o.H.No.87/1087/42-2, Ganesh Nagar-2, Kurnool City. 4. G.Ashok Reddy, S/o.G.Rami Reddy, Aged 46 years, Hindu, R/o.8-9-53, 54/502-1, R.R. District. Business, Sri Datta Nagar, Opp BDL, Karmanghat, Saroornagar, 5. G.Anasuyamma, W/o.G.Rami Reddy, Aged 60 years, Hindu, R/o.8-9-53, 54/502-1, R.R.District. Sri Datta Nagar, Opp BDL, Karmanghat, Saroornagar, Dr.S.Jagadeeswara Reddy, S/o.S.Narayana Reddy, Aged 39 years, Hindu, Residing at H.No.46/1-B-D, Flat No.397, Brundavan Pride, Kurnool City. Dr.P.Divya, S/o Dr.S.Jagadeeswara Reddy, Aged 31 years, Hindu, Residing at H.No.46/1-B-D, Flat No.307, Brundavan Pride, Kurnool City. A.Srinivasa Reddy, S/o.late A.Ranga Reddy, Aged 48 years. Business, Hindu, Residing at H.No.46/1-B-D, Flat No.309, Brundavan Pride, Kurnool City. A.Bharathi, W/o.A.Srinivasa Reddy, Aged 48 years. Business, Hindu, Residing at H.No.46/1-B-D, Flat No.309, Brundavan Pride, Kurnool City. 10. K.Sailaja, W/o.M.Srinivasa Rao, Aged 39 years, Hindu, Housewife, Residing at H.No.7/156-A Flat No.16, J.R. Apartments, NGOs Colony, Chinna Chowk, Kadapa Town 6. 7. 8. 9. ...Appellants(Petitioners/Plaintiffs) AND 1. Sofia Bi, S/o.S.Azmathulla, aged 50 years, Muslim, Housewife, R/o.H.No.81/59, Kurnool District 2. Saleha Begum, W/o.Khaleel Rahaman, Aged 33 years, Muslim, Housewife, R/o.H.No.96/3-46-89, Santoshnagar, Kurnool. 3. E.Madhavi, W/o.E.Naganna, aged 32 years, Hindu, House wife, R/o.H.No.74/93-A1, Mahatmanagar, Kallur, Kurnool District. 4. M.Raja Reddy, s/o.M.Narayana Reddy, Hindu, aged 42 years. Coolies, R/o.H.No.70-108-4A, Kallur, Kurnool District. 5. K.Anjaneyulu, s/o.K.Savarnna, aged 40 years, Hindu, Business R/o.H.No.70-108-4, Kallur, Kurnool District. 6. C.P.Thirupalu, S/o.Venkataswamy, Aged 47 years, Hindu, Business, R/o.H.No.82/119, Shareen Nagar, Kallur, Kurnool District. 7. M.Devamma, W/o.late M.Danamaiah, Aged 50 years, Hindu, Coolie, R/o.H.No.74-106, Mahatma Nagar, Kallur, Kurnool District. ...Respondents(Respondents/Defendants) Counsel for the Appellants : Sri. N Subba Rao- no representation Counsel for the Respondent Nos. 1 to 7 : Smt M Siva Jyothi The Court made the following: '* THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 254/2019 \ JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal is filed by the plaintiffs/appellants, challenging the order of rejection of their application under Order 39 Rules 1 and 2 C.P.C. dated 29.01.2019 in I.A.No.246 of 2018 in O.S.No.68 of 2018 passed by the learned VI Additional District Judge, Kurnool. 2. Learned counsel for the respondents submits that the suit is still pending. 3. No representation for the appellants. 4. The Civil Miscellaneous Appeal is dismissed for want of prosecution. However, considering that the suit is pending, the trial Court is directed to dispose of the suit expeditiously. No order as to costs. 2 As a sequel thereto, miscellaneous petitions, if any 5. pending, shall also stand closed. SD/- V DIWAKAR DEPUTY REGISTRAR J / //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District Judge, Kurnool, Kurnool District (with records if any) One CC to Sri. N Subba Rao, Advocate [OPUC] One CC to Smt M Siva Jyothi, Advocate [OPUC] One CC to the'Section Officer, VR Section, High Court of A.P., Amaravathi. 2. 3. 4. 5. Two CD Copies Siu, SNS HIGH COURT DATED:22/07/2024 . JUDGMENT CMA.No.254 of 2019 Jigs'- t OJOCIM'' 3 I- ' %:^OesPATC^ DISMISSING THE C.M.A FOR WANT OF PROSECUTION