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2025 DAILYLAW 14811 (AP)

Mr.Garimella Chittibabu v. Smt.Chirravuri Kanaka Durga

SA/638/2004 · 2025-01-07

T Mallikarjuna Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010185512004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO SECOND APPEAL NO: 638/2004 Between: Mr.garimella Chittibabu ...APPELLANT AND Smt Chirravuri Kanaka Durga ...RESPONDENT Counsel for the Appellant: 1. GULLAPALLI RADHAKRISHNAN Counsel for the Respondent: 1. G V SHIVAJI The Court made the following JUDGMENT: 1. This Second Appeal was filed by the appellant/defendant under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 11.03.2004 passed in A.S.No.153 of 2001 on the file of learned VIII Additional District Judge (Fast Track Court), Rajahmundry, confirming the judgment and decree, dated 24.08.2001 passed in O.S.No.137 of 1993 on the file of learned Principal Civil Judge’s Court, Rajahmundry. 2. Today, when the matter is taken up for hearing in the morning session, no representation on behalf of the appellant. Learned Counsel for the respondent/plaintiff is present. The matter was subsequently passed over at 2.15 P.M. 3. In the afternoon session also, there was no representation on behalf of the appellant despite listing the matter under the caption ‘for dismissal’. Previously, this Court adjourned the matter on payment of costs of Rs.500/- to Andhra Pradesh High Court Legal Services Committee, Amaravati. A perusal of endorsement of the Registry shows that the appellant has not paid the costs till date. It seems that the appellant is not evincing any interest to proceed with the appeal. 4. Accordingly, the Second Appeal is dismissed for default. However, there shall be no order as to costs. Miscellaneous petitions pending, if any, in this appeal shall stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Date:07.01.2025 MS THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO SECOND APPEAL NO.638 OF 2004 Date:07.01.2025 MS