IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI SECOND APPEAL NOS: 1147 OF IflQS & 392 OF SECOND APPEAL NO: 1147 OF 1999 Second Appeal Under Section 100 CPC decree and Judgment dated 30.11.1998 against the order dated against the ^ ^ ^ passed in AS No.98 of 1989 on the file court of the II Additional Senior Civil Judge, Vijayawada the Decree and Judgment, dated 04.07. Krishna District, reversing 1989 passed in OS No. 541 of 1984 We of the Court of the Principal District Munsif, Vijayawada, Krishna District on the Between: ...Appellants (Respondents 5 to 8) AND Rto'’nnr''' S/0, late Sarabhaiah, Aged 64 R/o. Durgapuram Vijayawada, Krishna District years. Properties, ...Respondent / Appellant 2. Kasinadhuni Sarabhaiah (Died) 3. K. Kalahashi Lingam (Died) :;ss: ssss “"• - (Respondents 4 & 5 are not necessary parties) ...Respondents / Respondents 1 to 4 / 'T : SRI Y SRINIVASA MURTHY Counsel for the Appellants Counsel for the Respondents: SRI P RAJASEKHAR SECOND APPEAL NO: 392 OF 1999 Second Appeal Under Section 100 CPC against the order dated against the decree and Judgment dated 30.11.1998 passed in AS No.85 of 1989 on the file court of the II Additional Senior Civil Judge, Vijayawada, Krishna District, reversing the Decree and Judgment, dated 04.07.1989 passed in OS No. 250 of 1993 on the file of the Court of the Principal District Munsif, Vijayawada, Krishna District Between: 1. K. Santhanagamani, W/o. late Kalahasthilingam, Aged 54 years. Housewife, R/o. Near King Ice Factory, Durgapuram, Vijayawada Krishna District 2. M.V.L. Prasanna, W/o. Nagabhushan Rao, Aged 36 years. Employee, R/o. Near King Ice Factory, Durgapuram, Vijayawada Krishna District 3. K. Viswanath, S/o. late Kalahasthilingam, Aged 34 years. Student, R/o. Near King Ice Factory, Durgapuram, Vijayawada Krishna District 4. K. Kirankmar, S/o. late Kalahasthilingam, Aged 29 years. Student, R/o. Near King Ice Factory, Durgapuram, Vijayawada Krishna District ...Appellants (Respondents 5 to 8) AND 1. Bethapudi Koteswara Rao, S/o. late Sarabhaiah, Aged 64 years. Properties R/o. Durgapuram Vijayawada, Krishna District ...Respondent / Appellant 2. Kasinadhuni Sarabhaiah (Died) 3. K. Kalahashi Lingam (Died) 4. K. Balasundaram S/o. late Sarabhaiah, Aged 54 years. Employee, R/o. D.No. 12-13-701/A, Nagarjuna Nagar Colony, Hyderabad 5. L. Leelavathi W/o. Ramamurthy, Aged 49 years. Housewife, R/o. Plot No. 1- 4, Srinivasa Colony, West Sanjeevareddy Nagar, Hyderabad (Respondents 4 & 5 are not necessary parties) ...Respondents / Respondents 1 to 4 Counsel for the Appellants : SRI Y SRINIVASA MURTHY Counsel for the Respondents: SRI P RAJASEKHAR The Court made the following: HON’BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI SECOND APPEAL Nos. 1147 OF 1998 85 392 OF 1999 COMMON JUDGMENT; Sri S.Lakshminarayana Reddy and Sri P.Rajasekhar learned counsels representing respondent No. 1 present. 2. None appeared for the appellants. The learned counsel for the respondents would submit that the Respondent No.l i.e., Bethapudi Koteswara Rao died 09.10.2022 add a memo was filed on 02.11.2022, furnishing the details of the legal representatives of the deceased respondent No.l. 3. on On 10.05.2023 counsel representing appellants sought time for instructions but so far no application was filed to implead the L.Rs of the deceased R. 1. Hence, the appeals stand abated as per law, I since even as per the appellants, R4 86 R5 are not necessary parties to the appeal. 4. 5 Hence, both appeals i.e., S.A.Nos. 1147 of 1998 and 392 of 1999 are dismissed as abated. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- M RAMESH BABU deputy registrar //TRUE COPY// m OFFICER SI To, 1 The II Additional Senior Civil Judge, Vijayawada. Krishna District. 2 Ihe Prirpal District Munsif, Vijayawada,“ D,strict. 3 One CC to Sri Y Srinivasa Murthy, 4. One CC to Sri PRajasekhar, Advocate [OPUC] 5. The Section Officer, V.R. Section, High Court of A.P. at Amarava . 6. Three CD Copies Psr / sree HIGH COURT DATED: 16/06/2023 COMMON ORDER SA.No.1147 of 1998 & SA.No.392 of 1999 ^ 0 7 AUG 2025 i rentSactioaX^' €: \\ \ Pi \ \ \ \ \ DISMISSING THE SECOND APPEALS AS ABATED