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2025 DAILYLAW 28898 (AP)

Sri Yembuluri Krishnamurthy v. Smt. Kamisetty Rajeswari

AS/82/2016 · 2025-03-04

Maheswara Rao Kuncheam, Ravi Nath Tilhari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(RNT,J & MRK,J A.S. NO.82 OF 2016) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT No: 82 OF 2016 JUDGMENT:- (per Hon’ble Sri Justice Maheswara Rao Kuncheam) This appeal has been filed by the appellant/defendant, challenging the preliminary decree dated 10.12.2015 passed in O.S.No.23 of 2010 on the file of the Principal District Judge, Nellore, which was filed by the respondents/plaintiffs for partition of suit schedule properties. 2. On 04.02.2016, in A.S.M.P.No.173 of 2016, this Court passed the following order: “Since the accompanying appeal is preferred against the preliminary decree passed in a suit for partition, it is only appropriate that the enquiry into the mesne profits and for passing final decree may go on. But however, passing of final decree only is stayed granting liberty to both sides to approach this Court for modification of this order after the enquiry is completed.” 3. Today, when the matter is called, there is no representation on either side. Even, at the revised call also, none appeared. 4. As the matter pertains to the year 2016, it is listed in the “Weekly Cause-list”. (RNT,J & MRK,J A.S. NO.82 OF 2016) 5. In view of the above, the Appeal Suit is dismissed for default. In view of dismissal of main appeal, the stay granted by this Court in A.S.M.P.No.173 of 2016 is hereby vacated. No order as to costs. As a sequel thereto, other miscellaneous petitions, if any pending, shall stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 04.03.2025. RPD. (RNT,J & MRK,J A.S. NO.82 OF 2016) 91 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED FOR DEFAULT) APPEAL SUIT NO: 82 of 2016 Date: 04.03.2025 RPD