I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ' SECOND APPEAL NO: 1413 OF 2005 Appeal under section 100 of CPC, aggrieved by the Decree and judgement of the learned VII Additional District & Sessions Judge, Fast Track Court, Krishna at Vijayawada, dated 19-9-2005 in A.S.No. 22 of 2002 confirming the Decree and Judgment of the learned principal Civil (Senior Division) Judge, Vijayawada, dated 3-5-2000, in O.S. No.688 of 1992 Between: 1. Abdul Raoof,, S/o. Abdul Azeez, Muslim, aged 60 years, OccTailor, R/o. 30-15-27, Seetaramapuram, Vijayawada - 4. 2. Smt. Sirajunnissa W/o. Abdul Raoof, Muslim, aged 55 years, Occ:Housewife, R/o. 30-15-27, Seetaramapuram, Vijayawada - 4.(Died) a per LRs 3 to 8. 3. Abdul Aziz, S/o. Abdul Raoof Muslim, aged 38 years, Occ;Business R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. 4. Md. Sadiq, S/o. Abdul Raoof Muslim, aged 36 years, Occ:Business R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. 5. Md. Zabeer, S/o. Abdul Raoof Tailor Muslim, aged 25 years, Occ: Tailor R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. 6. Md. Naseer, S/o. Abdul Raoof Muslim, aged 24 years, Occ:Carpenter R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. 7. Md. Umeri, S/o. Abdul Raoof Muslim, aged 20 years, Occ;Electrician R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. 8. Sajidunnissa Tara D/o. Abdul Raoof Muslim, aged 18 Occ.Household R/o. 30-15-27, Seetharamapuram, Vijayawada - 4. years. (Petitioner 3 to 8 are brought on record as L.R. of the deceased No.2 per Court Order dt.07-02-2006 in CMP.No. 171/2006) as ...Appellant / Appellant / Defendants AND 1. Vemuri Venkamma W/o. Venkateswarlu, Hindu, aged about 78 Relatives Protection, presently Residing in Mogalrajpuram, Vijayawada. 2. Thummala Seethamma,, W/o. Ram Mohan Rao, Hindu, aged about 58 years. Housewife, R/o. Mogalrajpuram, Vijayawada.(Died) as per LR 4 to 7 3. Mallela Sarath Babu S/o Pullaiah, aged 42 years, Occ: Business, R/o 501, Janetha Nivas, B-Block, High School Road, Ramavarappadu, Vijayawada Rural Mandal, Krishna District. (R3 is Impleaded as per Court Order dated 07.03.2012 in C.M.P.No.606 of 2006.) 4. Tummala Ramesh babu S/o Ram Mohan Rao, aged 50 years. 5. Tummala Suresh Babu S/o Ram Mohan Rao, aged about 45 years. 6. Tummala Satish Babu S/o Ram Mohan Rao, aged about 43 years. 7. Akkineni Vijaya Sri W/o Srinivasa Raja, aged about 39 years. (Respondent No. 4 to 7 are brought on record as LRs of the deceased R2 vide C.O dt.21.09.2012 in SAMP 606/2012) ...Respondents I.A. NO: 1 OF 2005(SAMP. NO: 2848 OF 2005) 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 of all further proceedings including the sale of the schedule property in EP.No. 117/2001 in OS.No. 688/1992 on the file of the learned principal Civil (Senior Division) Judge, Vijayawada. S.A.M.P.No.732 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 grant leave to implead me as 3 S.A.No.1413/2005 and S.A.M.P.No.2848/2005 as I am the just proper and necessary party or else I will be put to grate hardship and pass. rd respondent in S.A.M.P.No.9214of2006 : 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 interim stay granted on 02.12.2005 in S.A.M.P.No.2848/2005 in S.A.NO.1413/205 or direct the court below to refund the bid amount of Rs.4,09,500/-deposited y me in E.P. or else I will be put to irreparable loss and hardship and pass. Counsel for the Appellant :SRI. K SOMESWARA KUMAR Counsel for the Respondents: SRI. A TULSI RAJ GOKUL The Court made the followingrJUDGMENT APHC010384652005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO SECOND APPEAL NO: 1413/2005 Between: Abdul Raoof, and Others ...APPELLANT(S) AND . Vemuri Venkamma and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1. K SOMESWARA KUMAR Counsel for the Respondent(S): 1.ATULSI RAJ GOKUL The Court made the following JUDGMENT: This Second Appeal was filed by the appellants/defendants under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 19.09.2005 passed in A.S.No.22 of 2002 on the file of learned VII Additional District and Sessions Judge (FTC), Krishna at Vijayawada, confirming the judgment and decree, dated 03.05.2000passed in O.S.No.688 of 1992 on the file of learned Principal Senior Civil Judge, Vijayawada. 1. 2. Today, when the matter is taken up for hearing in the morning session, no representation on behalf of the appellants. Learned counsel for the w respondents is present. The matter was subsequently passed over at 2.15 P.M. In the post lunch session also, there was no representation on behalf of the appellants despite listing the matter under the caption ‘for dismissal’. It seems that the appellants are not evincing any interest to prosecute with the appeal. 3. 4. Accordingly, the Seconal 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. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The principal Civil (Senior Division) Judge, Vijayawada (with records) 2. One CC to Sri. K Someswara Kumar Advocate [OPUC] 3. One CC to Sri. A Tulsi Raj Gokul Advocate [OPUC] 4. The Section Officer, V R Section, High Court of Andhra Pradesh at Amaravathi. 5. Three CD Copies PR vna f HIGH COURT DATED: 18/02/2025 JUDGMENT SA.No.1413 of 2005 DISMISSING THE APPEAL FOR DEFAULT