APHC010387732000 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS SECOND APPEAL NO: 1064/2000 Between: 1. SRIPATHI PANDITHARADHULU VEEESALINGA, - 2. SRIPATHI PANDITHARADHYULU CHANDRA SEKHAR,, S/O. LATE SRIPANDITHARADHYULU VEERASALINGAM, AGED ABOUT 36 YEARS, OCC SERVICE OCC SERVICE, R/O. UGD QUARTERS NO. 4, RUPANA GUDI ROAD, NEAR ULIGAMMA TEMPLE, BELLARY 583101, KARNATAKA STATE. 3. SRIPATHY PANDITHARADHYULU KANYAKUMARI,, W/O. LATE SRIPANDITHARADHYULU VEERASALINGAM, AGED ABOUT 75 YEARS, R/O. H.NO. 4-2-4, PATUR, NARASARAOPET, GUNTUR DISTRICT. 4. T. LALITHA PADMINI,, W/O T. VENKATESWARA SWAMY, AGED ABOUT 45 YEARS, D/O. LATE SRIPATHY PANDITHARADHYULU VEERASALINGAM, R/O. UGD QUARTERS NO. 4, RUPANA GUDI ROAD, NEAR ULIGAMMA TEMPLE, BELLARY 583101, KARNATAKA STATE. 5. T. RUKMINI,, W/O. T. VISWESWARA SHARMA, AGED ABOUT 40 YEARS, D/O. LATE SRIPATHY PANDITHARADHYULU VEERASALINGAM, R/O. FLAT NO. 101, H.NO.4 - 58, GAYATHRI SHETTY ARCADE, VIKASNAGAR, DILSUKHNAGAR, HYDERABAD. 2 6. K. SAILAJA,, W/O. K. VENKOBA RAO, AGED ABOUT 38 YEARS, D/O. LATE SRIPATHY PANDITHARADHYULU VEERASALINGAM, R/O. GANESH COLONY, NEAR WATER TANK, BELLARY 583101, KARNATAKA STATE. ...APPELLANT(S) AND 1. SRIPATH PANDIRADHULA KANAKALINGAIAH2, - 2. SRIPATHY PANDITHARADHYULA SUBBA RAO, S/O. SIVANANDA SASTRY, AGED ABOUT 52 YEARS, HINDU, C/O VENKATESWARA TALKIES, JAGGAIAHPET, MANDIGAM DMC (DIED) 3. SRIPATHY PANDITHARADHYULA MALLIKHARJUNA SASTRY, S/O SIVANANDA SASTRY, AGED ABOUT 42 YEARS, R/O NARASARAOPET DMC (DIED) 4. SRIPATHY PANDITHARADHYULA KANAKALINGAM, S/O SIVANANDA SASTRY, AGED ABOUT 40 YEARS, HEAD MASTER, T.G.L.V HIGH SCHOOL, ADONI, ADONI DMC. 5. SRIPATHY PANDITHARADHYULU BEEMESWAR, S/O SIVANANDA SASTRY, (DIED PER LRS) 6. SRIPATHY PANDITARADHYULU KAMALAMMA, W/O SUBBA RAO, (DIED) 7. SRIPATHY SIVA PRASADA, S/O SUBBA RAO, AGED ABOUT 20 YEARS, SATYANARAYANAPURAM, VIJAYAWADA. 8. SRIPATHY PANDITARADHYULU GANESH, S/O SUBBA RAO, AGED ABOUT 18 YEARS, SATYANARAYANAPURAM, VIJAYAWADA. 9. SRIPATHY PANDITARADHYULU KUMAR, S/O. SUBBA RAO, AGED ABOUT 14 YEARS, SATYANARAYANAPURAM, VIJAYAWADA. 10. SRIPATHY PANDITARADHYULU NAGALINGAM, S/O SUBBA RAO, AGED ABOUT 13 YEARS, 3 SATYANARAYANAPURAM, VIJAYAWADA. 11. SRIPATHY PANDITARADHYULU KASIVISWANATH, S/O SUBBA RAO, AGED ABOUT 10 YEARS, SATYANARAYANAPURAM, VIJAYAWADA. 12. SRIPATHI PANDITHARADHYULA LOKESWAR, S/O. LATE SRIPATHI PANDITHARADHYULA BHEEMESWAR, AGED ABOUT 54 YEARS, OCC SCIENTIFIC OFFICER-G, INRP (O), NRB TARUPUR ROAD, BARC COLONY, SALWAD, GHIVALI-401502, STATE OF MAHARASHTRA. 13. SMT SRIPATHI PANDITHARADHULA CHILAKAMBIKA, W/O. LATE SRIPATHI PANDITHARADHYULA BHEEMESWAR, AGED ABOUT 74 YEARS, R/O. TARUPUR ROAD, BARC COLONY, SALWAD, GHIVALI- 401502, STATE OF MAHARASHTRA. (AS PER THE COURT ORDER DATED 12-04-2024, RESPONDENTS NO.12 AND 13 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED RESPONDENT NO.5, VIDE I.A.NO.4 OF 2023 IN S.A.NO.1064 OF 2000) ...RESPONDENT(S): Appeal under section ___________ against orders IA NO: 1 OF 2000(CMP 23518 OF 2000 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 2005(SAMP 121 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 fix an early date for hearing the above S.A.No. 1064 of 2000 IA NO: 1 OF 2011(SAMP 3266 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, 4 the High Court may be pleased to condone the delay of 483 days in filing Restoration petition in SA No. 1064 of 2000, and to pass IA NO: 3 OF 2011(SAMP 42487 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: 4 OF 2011(SAMP 44675 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: 5 OF 2011(SAMP 45813 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 2013(SAMP 424 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 restore the SA No.1064/2000 to its Original Position on the file of this Hon'ble Court IA NO: 2 OF 2013(SAMP 425 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 condone the delay of 2528 days in preferring LR petition in SA No.1064/2000 IA NO: 3 OF 2013(SAMP 426 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 set aside the abatement of the appeal SA No.1064/2000 in filing the LR Petition IA NO: 4 OF 2013(SAMP 427 OF 2013 5 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 permit the petitioners to implead as legal representaives of the sole appellant i.e.as Appellants 2 to 6 in SA No.1064/2000 IA NO: 1 OF 2023 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 pleased to condone the delay of 1513 days in filing the Legal Representation Petition by the petitioners 1 and 2 herein to comc record as the Respondents 12 and 13 being the Legal Representatives of the deceased 5th respondent in SA.No.1064 of 2000, and to pass IA NO: 2 OF 2023 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 pleased to condone the delay of 95 days in Re-presenting the IA.SR.No.46002 of 2022 in SA.No.1067 of 2000 and to pass IA NO: 3 OF 2023 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 pleased to set aside the abatement of the appeal in respect of the 5th respondent due to non bringing the Legal Representatives of the deceased 5th respondent in SA.No.1064 of 2000 within time, and to pass IA NO: 4 OF 2023 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 pleased to permit the petitioners 1 and 2 herein to come record as the Respondents 12 and 13 being the Legal Representatives of the deceased 5th respondent in SA.No.1064 of 2000, and to pass 6 Counsel for the Appellant(S): 1. N NARASIMHA RAO 2. G VEERA REDDY Counsel for the Respondent(S): 1. M V S SURESH KUMAR 2. S A V SAI KUMAR 7 THE HON’BLE SRI JUSTICE V.SRINIVAS SECOND APPEAL No.1064 of 2000 JUDGMENT: On a perusal of the proceeding sheet, on 09.01.2024, 18.03.2024, 12.04.2024, 17.06.2025 and 14.07.2025, there was no representation on behalf of the appellants, and the matter was directed to be posted under the caption ‘for dismissal’. 2. Even today, there is no representation for the appellants. It appears that the appellants are not evincing any interest in prosecuting the appeal. 3. Sri K.Ashok, learned counsel representing Sri S.A.V.Sai Kumar, learned counsel for the respondents, is present. 4. Having regard to the above, the Second 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.SRINIVAS Date: 21.07.2025 JLV 8 THE HON’BLE SRI JUSTICE V.SRINIVAS SECOND APPEAL No.1064 of 2000 Date: 21.07.2025 JLV