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2025 DAILYLAW 24216 (AP)

SMT.KATHULA KANTHAMMA v. KATHULA CHANDRA SEKHAR

FCA/127/2009 · 2025-09-16

A Hari Haranadha Sarma, Battu Devanand

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Judgment text

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APHC010342212009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE BATTU DEVANAND AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.127 of 2009 Appeal under Section 19 of Family Courts Act, against the Decree and Order dated 05.09.2008 in O.P.No.280 of 2006 on the file of Family Court, Visakhapatnam, Visakhapatnam District. Between: Smt. Kathula Kanthamma, W/o.Kathula Chandra Sekhar, Hindu, Aged about 53 years, Gajuwaka, Visakhapatnam - 530 026. R/o.D.No.13-139, Srinagar, Near Ramalayam, ...Appellant/Petitioner AND Kathula Chandra Sekhar, S/o.late Tirupathi, Aged 58 years, Hindu, R/o. Rajiv Nagar Colony, Kurmannapalem, Visakhapatnam. ...Respondent/ Respondent : Ms.J.Anjanee Priya, representing on behalf of Mr.T M K Chaitanya Counsel for the Appellant Counsel for the Respondent : Mr. G Shankar The Court made the following Judgment: I APHC010342212009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) NO: 127/2009 Between: 1 SMTKATHULA KANTHAMMA, W/O.KATHULA CHANDRA SEKHAR, RAMALAYAM, HINDU R/O.D.NO.13-139, SRINAGAR, NEAR GAJUWAKA, VISAKHAPATNAM - 530 026. ...APPELLANT AND 1.KATHULA CHANDRA SEKHAR, S/o.late Tirupathi, Hindu R/o.Rajiv Nagar Colony, Kurmannapalem, Visakhapatnam. ...RESPONDENT against ordersallow this CMA by setting Appeal under section aside the decree and order dated 05.09.2008 in OP No.280/2006 on the file of Family Court, Visakhapatnam lA NO: 1 OF 2009(FCAMP 142 OF 2009 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 condone the delay 79 days in preferring the FCA lA NO: 2 OF 2009(FCAMP 260 OF 2009 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 attach the retirement benefits of the petitioner lying with the farnishee i.e., the Depot Manager, APSRTC., Steel City Depot, Kurmannapalem, Visakhapatnam lA NO: 3 OF 2009(FCAMP 261 OF 2009 2 in TnZ 'h^' i" the circumstances stated >‘ ra t Rs 3 000 '" "T°'' grant Rs.3,000/- as maintenance to the appellant ^'9^ Court may be pleasL » Counsel for the Appellant: 1.TM KCHAITANYA Counsel for the Respondent: 1.G SHANKAR The Court made the following: 3 % THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.127 of 2009 JUDGMENTit'Per Hon’ble Sri Justice Battu Devanand) Ms. J.Anjanee Priya, learned counsel representing Mr. T.M.K.Chaitanya, learned counsel for the appellant on record, submits that in view of the subsequent developments happened during the pendency of this appeal, this Family Court Appeal has become infructuous. 2. The statement of the learned counsel for the appellant is placed on record. 3. Accordingly, the Family Court Appeal is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO TRAR JOINT SECTIO^FFICER //TRUE COPY// To 1. The Judge, Family Court, Visakhapatnam, Visakhapatnam District, (with records if any) 2. One CC to Sri T M K Chaitanya, Advocate [OPUC] 3. One CC to Sri G Shankar, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Two CD Copies TK sree HIGH COURT DATED:17/09/2025 JUDGMENT FCA No. 127 of 2009 5 2 ii SEP 2025 . Current Section ^ PATCV^B " DISMISSING THE FCA AS INFRUCTUOUS WITHOUT COSTS