Kurra Raja Rajeswari v. Kurra Veera Kanaka Sundaraj Rao
AS/577/2009 · 2025-07-10
B V L N Chakravarthi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30213 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30213 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010434512009 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A. Nos. 2 to 5. 7. 8 & 11 OF 2014 IN/AND APPEAL SUIT NO: 577 OF 2009 A.S. No. 577 OF 2009 Appeal under Section 96 of CPc appeal against the decree and judgment dated 07-07-2009 passed by the Learned II Additional District Judge, Guntur, in O.S.No. 44 of 2005. Between: Kurra Raja Rajeswari, D/o. Late Pedda Gopaiah, Age: 32 years. Relatives Protection R/o. Gopalreddy Street, Ganganammapet, Tenali, Guntur District. ...Appellant/Plaintiff AND
1. Kurra Veera Kanaka Sundaraj Rao, S/o. Late Pedda Gopaiah, Age: 54 years, Occ: Business R/o. Gopalareddy Street, Ganaganammapet, Tenali, Guntur District. 2. Kurra Somasekhar, S/o. Late Pedda Gopaiah, Age: 49 years, Occ: Business R/o. Gopalareddy Street, Ganaganammapet, Tenali, Guntur District. 3. Kurra Sreelakshmi, W/o. Late Murali Krishna Age: 39 years, Occ:Teacher Nallapadu School, Nallapadu, Guntur District. f
4. Kurra Praveen Kumar, S/o. Late Murali Krishna Age: 18 years, Nallapadu School, Nallapadu, Guntur District. 5. Kurra Preethi, D/o. Late Murali Krishna Age: 16 years, Nallapadu School, Nallapadu, Guntur District. (Respondents 4 & 5 being minors represented by their mother 3 Respondent herein)
6. R. Subba Raju, S/o. not known to the appellant Age: 49 years, Gopalareddy Street, Ganganammapet, Tenali, Guntur District. 7. Batchu Ramakrishna, S/o. not known to the appellant Age: 46 years, Occ:Business Gopalareddy Street, Ganganammapet, Tenali, Guntur District. rd
8. Vuyyuru Srinivas, S/o. not known to the appellant Age: 42 years, Occ:Business Gopalareddy Street, Ganganammapet, Tenali, Guntur District. 9. Kurra Amar, S/o. Veera Kanaka Sundara Rao Age: 44 years, Occ:Business Gopalareddy Street, Ganganammapet, Tenali, Guntur District. 10. Nakkala Padmavathi, W/o. Chandramouli Age: 49 years, Occ:Housewife R/o. 8^^^ Line, Bharatpet, Guntur. Angirekula Jhansi Vani, S/o. Late Sambasivarao Age: 44 years, Occ:Housewife R/o. 13“^ Line, Opp: Railway Quarters, Macherla, Guntur District. 11. ...Respondents/Defendants jA NO: 2 OF 2014fASMP 2276 OF 2014 Petition under Section 5 of Limitation Act CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 1242 days in filing the LR
Petition in time and to bring on record the legal representative s of the deceased respondent in the Appeal.
lA NO: 3 OF 2014(ASMP 2277 OF 2014 Petition under Order 22 Rule 9 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement caused due to the death of the 1®‘ respondent in the above Appeal lA NO: 4 OF 2014rASMP 2278 OF 2014 Petition under Order 22 Rule 4 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to bring the legal representatives of 1®* respondent / defendant as legal representatives 12 to 15 and as respondents in the appeal in the interest of justice. lA NO: 5 OF 2014(ASMP 4857 OF 2014 Petition under Order XXXIX Rule 1 & 2 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate and/or alter or change the structures that are existing in the suit schedule property in O.S. No.44/2005, on the file of II Additional District Judge, Guntur. lA NO: 8 OF 2014(ASMP 4860 OF 2014 Petition under Order XXII Rule-9 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement caused due to death of the 1®* respondent in the appeal.
lA NO: 11 OF 2014(ASMP 7657 OF 2014 Petition under Order 39 Rule 1 & 2 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate or alter or
T ■’T- • change the structures that are existing in the suit schedule property in O.S. 44 of 2009 on the file of 2"'^ Additional District Judge, Guntur. Counsel for the Petitioner: B M S DURGA PRASAD Counsel for the Respondents: VENKATESWARLU CHAKKILAM The Court made the following Common Judgment:
APHC010434512009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI APPEAL SUIT NO: 577 OF 2009 I Between:
1.KURRA RAJA RAJESWARI, D/0. LATE PEDDA GOPAIAH RELATIVES PROTECTION R/O. GOPALREDDY STREET. GANGANAMMAPET, TENALI, GUNTUR DISTRICT. ...APPELLANT AND
1. KURRA VEERA KANAKA SUNDARAJ RAO, S/0. LATE PEDDA GOPAIAH BUSINESS R/O. GOPALAREDDY STREET. GANAGANAMMAPET, TENALI, GUNTUR DISTRICT. 2. KURRA SOMASEKHAR, S/0. LATE PEDDA GOPAIAH BUSINESS R/O. GOPALAREDDY STREET, GANAGANAMMAPET, TENALI, GUNTUR DISTRICT. 3. KURRA SREELAKSHMI, W/0. LATE MURALI KRISHNA TEACHER NALLAPADU SCHOOL. NALLAPADU, GUNTUR DISTRICT. 4. KURRA PRAVEEN KUMAR, S/0. LATE MURALI KRISHNA NALLAPADU SCHOOL, NALLAPADU, GUNTUR DISTRICT. (RESPONDENTS 4 & 5 BEING MINOR REPRESENTED BY THEIR MOTHER
5. KURRA PREETHI, D/O. LATE MURALI KRISHNA NALLAPADU SCHOOL, NALLAPADU, GUNTUR DISTRICT. (RESPONDENTS 4 & 5 BEING MINOR REPRESENTED BY THEIR MOTHER
6. R SUBBA RAJU, S/O. NOT KNOWN TO THE APELLANT GOPALAREDDY STREET, GANGANAMMAPET, TENALI. 2 GUNTUR DISTRICT. 7. BATCHU RAMAKRISHNA, S/0. NOT KNOWN TO THE APPELLANT BUSINESS GOPALAREDDY STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT. 8. VUYYURU SRINIVAS, S/0. NOT KNOWN TO THE APPELLANT BUSINESS GOPALAREDDY STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT. 9. KURRA AMAR, S/0. VEERA KANAKA SUNDARA RAO GOPALAREDDY STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT. PADMAVATHI, W/0. CHANDRAMOULI HOUSEWIFE R/0. 8TH LINE, BHARATPET, GUNTUR. 11.ANGIREKULA JHANSI VANI, W/0. LATE SAMBASIVARAO HOUSEWIFE R/0. 13TH LINE OPP- RAILWAY QUARTERS, MACHERLA, GUNTUR DISTRICT.
BUSINESS 10.NAKKALA ...RESPONDENT(S): appeal against the decree and judgment-dated 07-07-2009 passed by the Learned II Additional District Judge, Guntur in O.S.No.44 of 2005.
8. VUYYURU SRINIVAS, S/0. NOT KNOWN TO THE APPELLANT BUSINESS GOPALAREDDY STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT. 9. KURRA AMAR, S/0. VEERA KANAKA SUNDARA RAO GOPALAREDDY STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT. PADMAVATHI, W/0. CHANDRAMOULI HOUSEWIFE R/0. 8TH LINE, BHARATPET, GUNTUR. 11.ANGIREKULA JHANSI VANI, W/0. LATE SAMBASIVARAO HOUSEWIFE R/0. 13TH LINE OPP- RAILWAY QUARTERS, MACHERLA, GUNTUR DISTRICT. BUSINESS 10.NAKKALA ...RESPONDENT(S): appeal against the decree and judgment-dated 07-07-2009 passed by the Learned II Additional District Judge, Guntur in O.S.No.44 of 2005. lA NO: 1 OF 2014(ASMP 1098 OF 2014 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 condone the delay of 1157 days in filing the petition seeking to bring on record the legal representatives of the deceased 1st respondent in the appeal and pass lA NO: 2 OF 2014fASMP 2276 OF 2014 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 condone the delay of 1242 days in filing the LR Petition in time and to bring on record the legal representatives of the deceased 1st respondent in the Appeal lA NO: 3 OF 2014(ASMP 2277 OF 2014 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 set aside the 3 abatement caused due to the death of the 1st respondent in the above Appeal lA NO: 4 OF 2014rASMP 227« OF 2014 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 permit the petitioner to bring the legal representatives of 1st respondent / defendant as legal representatives 12 to 15 and as respondents in the appeal in the interest of justice IA NO: 5 OF 2014fASMP 4857 OF 2014 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: 7 OF 2014rASMP 4859 OF 2014 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: 8 OF 2014(ASMP 4860 OF 2014 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: 11 OF 2014tASMP 7657 OF 2014 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: 13 OF 2014rASMP 9962 OF 2014 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 Counsel for the Appellant: 1.B M S DURGA PRASAD Counsel for the Respondent(S): 1.VENKATESWARLU CHAKKILAM 4 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI IA Nos.2 to 5. 7. 8 & 11 of 2014 (SAMP Nos.2276, 2277, 2278 4857, 4859, 4860 and 7657 of 2014) AND/IN APPEAL SUIT No.577 of 2009 Common Judgment: This Court after perusing the earlier proceedings gave a direction on 19.06.2025, to list these matters under the caption ‘For Dismissal’. However, today also, there is no representation on either side. 2. In that view of the matter, the Interlocutory Applications Nos.2 to 5, 7, 8 and 11 of 2014 (SAMP Nos.2276, 2277, 2278 4857, 4859, 4860 and 7657 of 2014) are dismissed for non-prosecution. 3. Consequently, AS No.577 of 2009 is also dismissed for non prosecution. No order as to costs. Interlocutory applications, if any, pending shall stand closed. Sd/-KTATA RAO deputy REGISTRAR //true copy// SECTION OFFICER To, , The II Additional District Judge, Guntur.(with records) Prasad, Advocate [OPUC] 1
2. One CC to Sri. B M S Durga
3. One CC to Sri. Venkateswarlu Chakkilam, Advocate [OPUC]
4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Two CD Copies Chp vna
HIGH COURT DATED;11/07/2025 COMMON JUDGMENT I.A. NOS. 2 TO 5, 7, 8 & 11 OF 2014 IN/AND AS NO. 577 OF 2009 2 3 JUL 2025 .^-s*jirrentSec o <>> DISMISSING THE I.A.Nos. 2 to 5, 7, 8 & 11 of 2014 & APPEAL SUIT FOR NON PROSECUTION