APHC010348632006 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: 238/2006 Between: 1. V. TIRUPATAYYA @ TIRUPATHIRAIDU, S/O SREEMANNARAYANA BUSINESS R/O 29TH WARD, KOBBARITHOTA, TADEPALLIGUDEM, W.G.DIST. ...APPELLANT AND 1. M SATYA VARA PRASAD, S/O SREEMANNARAYANA BUSINESS R/O 18TH WARD, OLD TOWN, TADEPALLIGUDEM W.G.DIST. 2. G SREENIVAS, S/O LAKSHMAYYA BUSINESS R/O 29TH WARD, KOBBARITHOTA, TADEPALLIGUDEM W.G.DIST. ...RESPONDENT(S): appeal against the judgment & decree in OS No. 42/99, dt. 30-11-05 on the file of the Court of the Senior Civil Judge, Tadepalligudem IA NO: 1 OF 2006(ASMP 857 OF 2006 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 the execution of the decree dt. 30-11-05 in OS No. 42/99 on the file of the Court of the Senior Civil Judge, Tadepalligudem, pending disposal of the above appeal IA NO: 3 OF 2006(ASMP 4579 OF 2006 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 2013(ASMP 3055 OF 2013 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 vacate the stay which was granted in A.S.M.P.No.857 of 2006 in A.S.No.238 of 2006 dt. 28/4/2006 pending disposal of the appeal and pass Counsel for the Appellant: 1. ELEVATED AS JUDGE Counsel for the Respondent(S): 1. P N MURTHY THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO APPEAL SUIT No.238 of 2006 JUDGMENT: When the matter has been listed on today, learned counsel for the respondents represented that they filed a memo along with copy of death certificate of the appellant before the Registry on 04.11.2024 stating that the sole appellant died on 01.03.2021, no steps have been taken till so far. 2. Perused the memo along with copy of the death certificate filed by the respondent. 3. It seems that the sole appellant died on 01.03.2021. 4. Considering the memo along with death certificate filed by the respondent, the present Appeal Suit is dismissed as abated. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Dt.14.07.2025 JLV