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2025 DAILYLAW 28778 (AP)

KILARI APPALA SWAMY & 6 OTHERS. v. ALLU SURAMMA & 3 OTHERS.

SA/46/2003 · 2025-07-01

B V L N Chakravarthi

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Judgment text

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m APHC010411262003 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI IL0S o o WEDNESDAY, THE SECOND DAY OF JUlip; TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI SECOND APPEAL NO: 46 OF 2003 Appeal filed under Section 100 of C.P.C against the Judgment and Decree dated 15-02-1996 passed in A.S No.103 of 1994 on the file of the District Judge, Vizianagaram, Vizianagaram District, which was preferred against the Judgment and Decree dated 23-04-1993 passed in OS No.341 of 1983 on the file of Principal District Munsif, Vizianagaram, Vizianagaram District. Between: 1. Kilari Appala Swamy, S/o.Late Chinnayya, Hindu, aged about 65 years. Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal, Vizianagaram District. 2. Kilari Gangulu, S/o.Late Chinnayya, Hindu, Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal District. 3. Kilari China Appalaswamy, S/o.Late Chinnayya years, Cultivation, Vizianagaram District. aged about 60 years, Vizianagaram Hindu, aged about 50 R/o.Rajapulova Village, Bhogapuram Mandal, 4. Kilari Somulu, S/o.Late Chinnayya, Hindu, aged about 40 years, Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal, Vizianagaram District. 5. Kilari Thammayya, S/o.Late Chinnayya, Hindu, aged about 40 years. Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal, Vizianagaram District. 6. Kilari Sooribabu, S/o.Appalaswamy, Hindu, aged about 35 years. Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal, Vizianagaram District. 7. Kilari Chinnayya, S/o.Gangulu, Hindu, aged about 30 years, Cultivation, R/o.Rajapulova Village, Bhogapuram Mandal, Vizianagaram District. ...Appellants/Defendants/Respondents AND 1. Allu Suramma, W/o.Pydayya, Hindu, aged about 40 years, Household duties, R/o.Dakamarri Village, Bheemili Mandal. 2. Eagala Ramulu, R/o.Rajapulova Village. 3. Kilari Sanamma, W/o.Late Atchanna, Hindu, aged about 65 Household duties, R/o.Rajapulova Village. 4. Kilari Musalayya, S/o.Late Atchanna, Hindu, aged about 27 R/o.Rajapulova Village. (Appeal against R1 dismissed for default, vide Court Order, dated 26-06-2014) W/o.Appanna, Hindu, aged about 28 years. years years. ...Respondents/Plaintiffs/Appellants Counsel for the Petitioners:Smt P.Sundari Prasad (No representation) Counsel for the Respondents: Smt I.Maamu Vani The Court made the following; * IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT APHC010411262003 [3368] THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTH! SECOND APPEAL NO: 46 OF 2003 Between: 1. KILARI APPALA SWAMY & 6 OTHERS ...APPELLANT AND 1. ALLU SURAMMA 3 OTHERS,- ...RESPONDENT against orders Appeal under section lA NO: 1 OF 1998(CMP 14134 OF 1998 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 lA NO: 1 OF 2003fCMP 914 OF 2003 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 2011 (SAMP 13353 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 lA NO: 1 OF 2012(SAMP 2292 OF 2012 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 II 2 Counsel for the Appellant: 1PSUNDARI PRASAD *'’® Respondent: 1-1 MAAMU VANI The Court made the following Judgment: No representation for the appellants. 2. Notice taken to appellants returned unserved as appellants died. 3. No application the deceased appellants. was filed to implead legal representatives of 4. earned counsel for the respondents is in attendance. 5. In that Viview of the matter, this Second dismissed as abated. No order Appeal stands as to costs. Interlocutory applications if any, pending shall stand closed. SD/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Distriot Judge, Vizianagaram, Vizianagaram District, v h One ?D o"^' Vizianagaram, Vizianagaram vJ. une CC to Smt P.Sundari Prasad, Advocate [OPUC] 4. One CC to Smt I.Maamu Vani, Advocate [OPUC] 5. The Section Officer, V.R.Section, High Court of Andhra Amaravati. 6. Two CD Copies (With records) I District. Pradesh at BSV AL si? : "r “ 1 HIGH COURT DATED:02/07/2025 JUDGMENT SA NO. 46 OF 2003 DISMISSING THE SECOND APPEAL AS ABATED WITHOUT COSTS