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2025 DAILYLAW 26455 (AP)

Bhetalam Subba Raju v. Ammireddy Venkata Ramireddy

SA/464/2012 · 2025-06-26

Venuthurumalli Gopala Krishna Rao

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO SECONDAPPEALNOS: 464 AND 362 OF 2012 SECOND APPEAL NO: 464 OF 2012 APHC010374102012 Appeal under section 100 of C.P.C., against the decree and judgment passed in A.S No.90 of 2009, Dt.28.09.2011 on the file of VII Additional District and Sessions Judge (Fast Track Court) Vijayawada by reversing the decree and judgment in O.S No.3532/2002 dt.22.12.2008 on the file of IV Additional Junior Civil Judge, Vijayawada. Between: 1. Bhetalam Subba Raju, S/o Narasaraju, Hindu, 75 years, R/o D.No. 21- 9-6 Near Gowtham Public School, Mian Road, Madhuranagar, Vijayawada. (Died per LR’s Nos Appellants 2 & 3 brought on record as Lr’s of deceased sole appellant vide court order dated 21/07/2016 in S.A.M.P No.922/2016 ) t; 2. Smt. Bethlam Pushpavathi, wife of late Bhetlam Subba Raju, aged about 71 years, resident of Door No. 21-9-6, Main Road, Madhuranagar, Upstrairs, SBI, M.N.Road, Vijayawada, Krishna District, A.P. 3. Bethlam Kishore Babu, son of late Bhetlam Subba Raju, aged about 46 years, resident of Door No. 21-9-6, Main Road, Madhuranagar, Upstrairs, SBI, M.N.Road, Vijayawada, Krishna District, AP. (Appellant Nos.2 & 3 are brought on record as L.Rs of the deceased sole appellant vide C.O dated 21.07.2016 in S.A.M.P No.922/2016) ...Appellant/Plaintiff/1®* Respondent AND 1. Ammireddy Venkata Ramireddy, S/o China Ramireddy, Hindu, 58 years. Properties and Business R/o Door No. 41-26/1-19, Ananda Bhavan Road, Krishnaianka, Vijayawada. 2. K Vasundara, W/o Subba Reddy, being rep.by her GPA holder Ammireddy Venkata Ramireddy, S/o China Ramireddy, Hindu, 56 years, R/o D.No. 41-26/1-19, Ananda Bhavan Road, Krishnaianka, Vijayawada. ...Respondents/Respondents/Defendants 3. Gundemeda Prasad Rao, S/o Tirumaleswara Rao, Hindu, 45 years. Lecturer, R/o 2nd line, Lakshmipuram, Guntur. ...Respondent/Respondent/Defendant 4. Kalindi Venkata Laskhmi, wife of Subba Raju, aged about 49 years. Occupation: House wife, resident of Gokak, Belgaum District, Karnataka State. 5. Uppalapati Anuradha, wife of Orgam Anjaneya Raju, aged about 47 years, Occupation: Housewife, resident of near Church, Muthlampadu, Vizayawada-11, Krishna District, AP. 6. Datia Madhavi, wife of Orgam Raju, aged about 44 years, resident of near Church Muthalampadu, Vizayawada-11, Krishna District, A.P. (Respondent Nos.4 to 6 are impleaded vide Court Order dated 21.07.2016 in S.A.M.P No.992 of 2016) ..Proposed Respondents Counsel for the Petitioners: Sri Devalaraju Anil Kumar Counsel for the Respondents: Sri B Chinnapa Reddy SECOND APPEAL NO: 362 OF 2012 APHC010373942012 Appeal under section 100 of C.P.C., against the decree and Judgment passed in A.S No.68 of 2009, Dt.28.09.2011 on the file of VII Additional District and Sessions Judge (Fast Track Court) Vijayawada by reversing the decree and Judgment in O.S No.3532/2002 dt.22.12.2008 on the file of IV Additional Junior Civil Judge, Vijayawada. Between: 1. Bhetalam Subba Raju, S/o Narasaraju, Hindu, 78 years, R/o D.No. 21- 9-6 Near Gowtham Public School, Mian Road, Madhuranagar, Vijayawada. (Died per LR’s Nos Appellants 2 & 3 brought on record as Lr’s of deceased sole appellant vide court order dated 21/07/2016 in S.A.M.P No. 1125/2016 ) ...Appellant/Plaintiff/1®* Respondent 2. Smt. Bethlam Pushpavathi, wife of late Bhetlam Subba Raju, aged about 71 years, resident of Door No. 21-9-6, Main Road, Madhuranagar, Upstrairs, SBI, M.N.Road, Vijayawada, Krishna District, AP. 3. Bethlam Kishore Babu, son of late Bhetlam Subba Raju, aged about 46 years, resident of Door No. 21-9-6, Main Road, Madhuranagar, Upstrairs, SBI, M.N.Road, Vijayawada, Krishna District, AP. (Appellant Nos.2 & 3 are brought on record as L.Rs of the deceased sole appellant vide C.O dated 21.07.2016 in S.A.M.P No.1125/2016) AND 1. Gudivada Prasad Rao, S/o Riirumaleswara Rao, Hindu, aged about 48 years, 9^^ Cross, Brodipet, Guntur. 2. Ammireddy Venkata Ramireddy, S/o China Ramireddy, Hindu, 66 years, Krishnalanka, Vijayawada. 3. K Vasundara, W/o Subba Reddy, Hindu, rep.by her GPA holder Ammireddy Venkata Ramireddy, S/o China Ramireddy, Hindu, 66 years, Krishnalanka, Vijayawada. ...Respondents 2 & 3/Appellants/Respondents 2 & 3 4. Kalindi Venkata Laskhmi, wife of Subba Raju, aged about 49 years. Occupation: House wife, resident of Gokak, Belgaum District, Karnataka State. 5. Uppalapati Anuradha, wife of Anjaneya Raju, aged about 47 years, Occupation: Housewife, resident of near Church, Muthlampadu, Vizayawada-11, Krishna District, AP. 6. Datia Madhavi, wife of Orgam Raju, aged about 44 years, resident of near Church Muthalampadu, Vizayawada-11, Krishna District, A.P. (Respondent Nos.4 to 6 not necessary partyn in this S.A.M.P petition) (Respondent Nos.4 to 6 are impleaded vide Court Order dated 21.07.2016 in S.A.M.P No.1125 of 2016) ..Proposed Respondents Counsel for the Petitioners: SRI DEVALARAJU ANIL KUMAR Counsel for the Respondents: SRI B CHINNAPA REDDY The Court made the following Common Judgment: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO second appeal Nos.464 & 362 of 2012 COMMON JUDGMENT- Today when these matters are taken up for hearing, none appeared for the appellants. Learned counsel for the respondents is present. 2. As seen from the material available passed away during the pendency of these Representatives of the deceased appellant No.1 on record, the appellant No.1 has appeals and the lega are brought on record as appellant Nos.2 and 3. As per the endorsement of the Registry, the registereo notices sent to the appellant Nos.2 and 3 were served on them. But none appeared for the appellants. As the present Second Appeals pertains to the year 2012 and in spite of^ the receipt of the notices by the appellant Nos.2 and 3, there is no representation on behalf of the appellants; this Court is of the opinion that the appellants are not interested in prosecuting the present second 3. appeals. Accordingly, both the Second Appeals are dismissed for default. No 4. costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional District and Sessions Judge (Fast Track Court): Vijayawada, Krishna District, (with records) The IV Additional Civil Judge (Junior Division); Vijayawada, Krishna District, (with records) One CC to Sri Devalaraju Anil Kumar, Advocate [OPUC] One CC to Sri B Chinnapa Reddy, Advocate [OPUC] The Section Officer, V.R Section, High Court of Andhra Pradesh. Two CD Copies 2. 3. 4. 5. 6. SAM HIGH COURT DATED:27/06/2025 COMMON JUDGMENT SA Nos.464 & 362 of 2012 g 23JUL 2025 ^ Current Section DISMISSING THESE SECOND APPEALS AS WITHDRAWN eu^