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2025 DAILYLAW 12456 (AP)

Bellamkonda Venkata Narasamma v. Bandi Satyanarayanamma

AS/341/2010 · 2025-06-15

B V L N Chakravarthi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI APPEAL SUIT NO: 341 OF 2Q1Q Appeal filed under section 96 of C.P.C, against the decree and Judgment made in O.S No. 455 of 2003 on the file of the Court of the Principal Senior Civil Judge, Kakinada, East Godavari District dated 10.7.2009. Between: 1. Bellamkonda Venkata Narasamma, W/o. late Venkateswarlu, Hindu about 64 aged Housewife D.No.70-2B-9, Ramanayyapet, Ramanayyapet Vegetable Market Kakinada, East Godavari District. 2. Amaladasu Macharamma (Bellamkonda Macharamma), W/o. Nirmala Rao, Hindu, aged about 31 years. Housewife, D.No.70-2B-9, Ramanayyapet, near Ramanayyapet Veg. Market Kakinada, East Godavari District. 3. Bellamkonda Venkateswarlu, S/o. late Venkateswarlu, Hindu years. near aged about 30 years. Student D.No.70-2B-9 Ramanayyapet, near Ramanayyapet Veg. Market Kakinada, East Godavari District. ...APPELLANTS/ DEFENDANTS 1 to 3 AND 1. Bandi Satyanarayanamma, W/o. Dr. Ranga Rao, Hindu, aged about 48 years. House Wife, Gontumukkalavari Street Ramanayyapet, Kakinada E.G.District ...RESPONDENT/PLAINTIFF 2. Bellamkonda Radhamma, W/o. Veeraswamy, Hindu, aged about 32 Employee, Near Gollagudi, Thotipeta Kakinada East Godavari years. Dist 3. Bellamkonda Venkateswarlu, S/o. Veeraswamy, Hindu, aged about 13 . . years, Student Near Gollagudi, Thotipeta Kakinada East Godavari Dist 4, Bellamkonda Manohar, S/o. Veeraswamy, Hindu, aged about 12 years, Near Gollagudi, Thotipeta Kakinada East Godavari Dist 5. Katakam Venkataramayya, S/o. Ramulu, Hindu, aged about 68 years. Business Rajajiveedhi Kakinada E.G.Dist ...RESPONDENTS (DEFENDANTS 4 to 7) I.A. NO: 2 OF 2010rASMP. NO: 988 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 in O.S.No. 455 of 2003 on the file of the Court of the Principal Seriior Civil Judge, Kakinada, East Godavari District, pending disposal of the above appeal. Counsel for the Appellants: SRI M. LAKSHMANA SARMA Counsel for the Respondents: SRI G.SIMHADRI The Court made the following: r % --4 APHC010146252010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 341/2010 Between; Bellamkonda Venkata Narasamma and Others ...APPELLANT(S) AND Bandi Satyanarayanamma and Others ...RESPONDENT(S) Counsel for the Appellant{S): 1. M LAKSHMANA SARMA Counsel for the Respondent(S): 1.G SIMHADRI The Court made the following Judgment: No representation for the appellants, though notice was served on them. 2. Sri G.Simhadri, learned counsel for the respondents would submit that the appeal was filed challenging the Preliminary Decree for partition wherein this Court initially granted interim stay 2 of the Preliminary Decree. Later it was vacated at the instance of the respondents. Pending the Appeal, Final Decree was passed by the learned Principal Senior Civil Judge, Kakinada on 15.04.2018 in FDIA No.167 of 2010 in OS No.455 of 2003. Subsequent to passing of Final Decree, possession was delivered to the respective parties, as per the Final Decree. As the learned counsel for the appellants is no more, on 3. 12.03.2025 this Court ordered notice to the appellants and the same was served on them but they did not come forward to prosecute the Appeal. In the light of the above discussed circumstances, this 4. Appeal Suit is dismissed for non-prosecution. No order as to costs. Interlocutory applications, if any, pending shall stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Civil Judge [Senior Division], Kakinada, East Godavari District (with records if any ) 2. One CC to Sri M. Lakshmana Sarma, Advocate [OPUC] 3. One CC to Sri G. Simhadri, Advocate [OPUC] 4. The Section Officer, VR Section, Fligh Court of Andhra Pradesh at Amaravati. 5. Three CD Copies MV RAM 40 HIGH COURT DATED: 16/06/2025 JUDGMENT AS.No.341 of 2010 ^0?jul 2025 I ivtojjtSMUg^ /n 35 Co DISMISSING THE APPEAL SUIT FOR NON-PROSECUTION