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2025 DAILYLAW 17037 (AP)

SMT.T.GANGAYAMMA & 4 OTHERS v. SMT.K.SUBBAYAMMA & ANOTHER

AS/1099/2003 · 2025-07-13

Venuthurumalli Gopala Krishna Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010231482003 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO FIRST APPEAL NO: 1099/2003 Between: 1. SMT.T.GANGAYAMMA & 4 OTHERS, W/O CHINA SURA REDDY R/O.KOMARIPALEM, BICCAVOLU MANDAL, EAST GODAVARI DISTRICT 2. SMT. N.JAYALAKSHMI (DIED) PER LRS APPELLANTS 3 TO 5, W/O.BHASKARA REDDY R/O.RAYAVARAM (V) & MANDAL, EAST GODAVARI DISTRICT. 3. NALLAMILLA BHASKAR REDDY, - 4. MEDAPATI TULASI DEVI, - 5. DWARAMPUDI SEETHA, APPELLANTS 3 TO 5 ARE BROUGHT ON RECORD AS LRS OF DEC 2ND APPELLANT AS PER THE HON'BLE COURT ORDER DATED 29-8-16 MADE IN ASMP-1675/15. ...APPELLANT(S) AND 1. SMT K SUBBAYAMMA ANOTHER, W/O RAMAKRISHNA REDDY R/O KOPPAVARAM, RAYAVARAM MANDAL, EAST GODAVARI DISTRICT 2. SMT D ATCHAYAMMA, W/O BHASKARA REDDY R/O TOSSIPUDI, BICCAVOLU MANDAL, EAST GODAVARI DISTRICT ...RESPONDENT(S): Appeal against the Judgment and decree dt.18/01/02 on the file of the Senior Civil Judge, Ramachandrapuram in O.S.No.36/1996. IA NO: 1 OF 2010(ASMP 1097 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 63 days in filing the application to bring the LRs of the deceased 4th respondent viz., Dwarampudi Atchayamma in ASNo. 1099/03 IA NO: 2 OF 2010(ASMP 1098 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 set aside the abatement occurred in not bringing the legal representatives of the deceased 4th respondent herein viz., Dwarampudi Atchayamma in AS No. 1099/03 IA NO: 3 OF 2010(ASMP 1099 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 bring the petitioners herein as Legal Representatives of the deceased 4th respondent herein viz., Dwarampudi Atchayamma, by adding them as respondents 3 to 5 i.e., Dwarampudi Bhaskar Reddy, Dwarampudi Srinivas Reddy and Medapati Sujatha in the present Appeal bearing AS No. 1099/03 IA NO: 4 OF 2010(ASMP 1886 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 dismiss the present appeal against the deceased 1st respondent as abated and pass IA NO: 5 OF 2010(ASMP 2007 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 147 days in filing the application to bring the L.Rs. of the deceased 2nd respondent viz., Dwarampudi Atchiyamma in AS.No. 1099 of 2003 IA NO: 6 OF 2010(ASMP 2008 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 set set aside the abatement occurred in not bringing the legal representatives of the deceased respondent viz., Dwarampudi Atchiyamma in AS.No. 1099 of 2003 IA NO: 7 OF 2010(ASMP 2009 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 bring the proposed party herehin as Legal Representatives of the deceased 2nd respondent viz., Dwarampudi Atchiyamma, by adding as proposing respondent No. 6 ie., Dwarampudi LAxminarayana Reddy in the present Appeal bearing AS.No. 1099 of 2003 IA NO: 1 OF 2011(ASMP 2333 OF 2011 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 IA NO: 1 OF 2012(ASMP 212 OF 2012 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 IA NO: 1 OF 2015(ASMP 1674 OF 2015 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 set aside the abatement caused due to death of the 2nd appellant viz. Nallamilla Jayalaxmi in AS No.1099/2003 IA NO: 2 OF 2015(ASMP 1675 OF 2015 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 bring the petitioners/proposed parties on record as the legal representatives of the deceased 2nd appellant i.e., Nallamilla Jayalakshmi and pass. IA NO: 3 OF 2015(ASMP 7660 OF 2015 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 Counsel for the Appellant(S): 1. . Counsel for the Respondent(S): 1. N SIVA REDDY The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO APPEAL SUIT NO: 1099/2003 JUDGMENT: 1. Learned counsel for the respondents is present. 2. As per the Registry endorsement, notice to appellant Nos.1, 3 and 4 are served, none appeared for appellant Nos.1, 3 and 4. 3. As seen from the record, it was endorsed that appellant No.2 died and appellant Nos.3 to 5 are legal representatives of appellant No.2. Though notice has been served on appellant Nos.1, 3 and 4, none appeared for appellant Nos.1, 3 and 4. As per endorsement of the Registry, notice sent to appellant No.5 to the address mentioned in the grounds of appeal was returned as addressee in tour. It seems that appellant No.5 is having knowledge about the appeal proceedings. It was represented by learned counsel for the respondents that appellant Nos.4 and 5 are own sisters and all are having knowledge about the appeal proceedings. 4. None appeared for the appellants. It seems that appellants are not inclined to prosecute the appeal proceedings. Therefore, the appeal is dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 14.07.2025 JLV