APHC010724282022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 234/2023 Between: 1. AMRUTHALURU GOPALAKRISHNAMURTHY, S/O. VENKATASUBBAIAH, AGED ABOUT 56 YEARS, ANJANEYASWAMY TEMPLE STREET, VENKATAGIRI TOWN, SPSR NELLORE DIST ...APPELLANT AND 1. B R LATHA DIED, ( DIED ) 2. B R YUGANDHAR, S/O. BALAMUTHU CHINNAPPA RAJENDRAN, AGED 32 YEARS, R/O. D NO. 3/128, REDDYGUNTA STREET, PUTTUR TOWN,CHITTOOR DIST. 3. B R MURALIKRTHNA, S/O. BALAMUTHU CHINNAPPA RAJENDRAN, AGED 28 YEARS, R/O. D NO. 3/128, REDDYGUNTA STREET, PUTTUR TOWN, CHITTOOR DIST. 4. CHELA BALAGOPAL, ( DIED ) 5. SAKAMURI KRISHNAMANAIDU, S/O. PENCHALANAIDU, AGED 56 YEARS, R/O. LAKSHMINAIDU KANDRIG VILLAGE, PELLAKURU MANDAL, SPSR NELLORE DIST ...RESPONDENT(S): pleased to decreed the suit against Defendants 1 to 5 by allowing the appeal in the interest of justice and to pass IA NO: 1 OF 2023 2 (RNT,J & BM,J A.S.NO.234 OF 2023) 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 940 days in filing the above appeal in the interest of justice and to pass IA NO: 2 OF 2023 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 167 days in filing the set aside abatement petition in bring the LRs of 4th respondent as party respondents in the above appeal in the interest of justice and to pass IA NO: 3 OF 2023 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 66 days in resubmitting the above AS No. 2023 in the interest of justice and to pass IA NO: 4 OF 2023 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 abatement in bring the LRs of 4th respondent as party respondents in the above appeal in the interest of justice and to pass IA NO: 5 OF 2023 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 the proposed respondents 6 and 7 i.e, Chela Bhagyalakshmi and Chela Poorna Sai as LRs of deceased 4th respondent in the above appeal in the above appeal in the interest of justice and to pass Counsel for the Appellant: 1. T C KRISHNAN Counsel for the Respondent(S): 1. The Court made the following: 3 (RNT,J & BM,J A.S.NO.234 OF 2023) 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 05.11.2019 passed in O.S. No.249 of 2014 (old O.S.No.126 of 2011) on the file of the VII Additional District Judge, at Gudur, whereby the suit filed for partition by the appellant/plaintiff was preliminary decreed in part. 2. Sri T.C.Krishnan, learned counsel for the appellant, submits that in view of the memo dated 07.05.2026, the appeal may be dismissed as withdrawn. 3. Recording the same, the Appeal Suit is dismissed as withdrawn. 4. In view of the dismissal of the main appeal, all the pending applications are also closed. 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 : 08.05.2026. RPD. 4 (RNT,J & BM,J A.S.NO.234 OF 2023) 112 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI (DISMISSED AS WITHDRAWN) APPEAL SUIT NO: 234 of 2023 Date: 08.05.2026 RPD.