APHC010470302005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS SECOND APPEAL NO: 1135/2005 Between: 1. ANDHRA PRADESH CIVIL SUPPLIES CORPORATION,, REP. BY ITS MANAGER, MANAGER, ANDHRA PRADESH CIVIL SUPPLIES CORPORATION, GUNTUR. ...APPELLANT AND 1. OGURI GURAVAIAH, R/O BANDARUPALLE VILLAGE GUNTUR DISTRICT. 2. OGURI SAMBASIVA RAO, R/O BANDARUPALLE VILLAGE GUNTUR DISTRICT. 3. OGURI KOTESWARA RAMAIAH, R/O BANDARUPALLE VILLAGE GUNTUR DISTRICT. 4. OGURI RAGHU RAMAIAH, R/O BANDARUPALLE VILLAGE GUNTUR DISTRICT. ...RESPONDENT(S): Appeal under section ___________ against orders IA NO: 1 OF 2005(SAMP 2338 OF 2005 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, SV,J S.A.No.1135 of 2025 the High Court may be pleased condone the delay of 222 days in representing the above CMA. IA NO: 2 OF 2005(SAMP 2339 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 Stay all further proceedings in furtherance of hte preliminary decree dated 13-2-02 passed in OS.NO.792 of 98 on the file Principal Junior Civil Judge, Guntur. IA NO: 4 OF 2005(SAMP 35773 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 IA NO: 6 OF 2005(SAMP 35775 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 Counsel for the Appellant: 1. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) Counsel for the Respondent(S): 1. D KRISHNA MURTHY 2. K VIJAY CHOWDARY The Court made the following: SV,J S.A.No.1135 of 2025 THE HON’BLE SRI JUSTICE V.SRINIVAS SECOND APPEAL No.1135 of 2005 JUDGMENT: Heard Sri V.V.Raghavaiah, learned counsel representing Sri P.Hema Chandra, learned counsel for the appellant and Sri D.Krishna Murthy, learned counsel for respondent No.1. 2. On 14.08.2025, this Court passed the following order: “None appeared for the appellant. Learned counsel for the respondents is present. On the other day i.e., on 22.07.2025 itself, it was submitted that the sole plaintiff died on 04.10.2011 i.e., about 13 years back. On such submission, this Court passed the following order:- “It is brought to the notice of this Court that LR petition, said to be filed into Court, was said to be returned on 18.03.2025 and the same was not re-submitted. It is also brought to the notice of this Court that the sole plaintiff died on 04.10.2011 i.e., about 13 years back. Even now, they did not prefer to bring the LRs on record to give final disposal of the appeal. List the matter on 29.07.2025, on which date, if the LRs are not brought on record, this matter will be dismissed.” The matter was listed on 29.07.2025. On that day also, no steps were taken by the learned counsel for the appellant to bring on record the legal representatives of the sole plaintiff in this case. So, this appeal is proceeding against a dead person. In these circumstances, list the matter on 29.08.2025 under the caption „for dismissal‟.” 3. It is also clear that the sole plaintiff died on 04.10.2011, so far no steps have been taken, that too in a suit for partition. Thereby, on that ground alone, this appeal is liable to be dismissed as SV,J S.A.No.1135 of 2025 abated. Apart from that, it is a settled position of law that the 4th defendant, who is the appellant herein is entitled to work out his equities to the extent of the share of defendants 1 to 3 in the final decree proceedings. In these circumstances, nothing survives in this appeal. 4. Therefore, the Second Appeal is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. ___________________ JUSTICE V.SRINIVAS Date: 29.08.2025 JLV SV,J S.A.No.1135 of 2025 205 THE HON’BLE SRI JUSTICE V.SRINIVAS SECOND APPEAL No.1135 of 2005 Date: 29.08.2025 JLV