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2025 DAILYLAW 33875 (AP)

SMT. GARA ANNAPURANA v. GARA SANKARA RAO

FCA/104/2008 · 2025-08-19

A Hari Haranadha Sarma, Battu Devanand

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Judgment text

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APHC010514232008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE BATTU DEVANAND AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) No: 104 OF 2008 Appeal under section 19(A) of Family Court Act, aggrieved by the Judgment and Decree dated 25-9-2006 made in OP.No.94/2002 on the file of the Judge, Family Court at Visakhapatnam Between: Smt. Gara Annapurana, W/o Sankara Rao, Aged about 23 Years, R/o D.No.38-40-31, 104 Area, Marripalem, Visakhapatnam-18. ...Appellant/Petitioner AND Gara Sankara Rao, S/o Appalaswamy, Aged about 36 Years, Working Constable in R.P.F. Head Office, Dondaparthi, R/o D.No.8-18-71, Sri Rama Colony, Vizianagaram. as ...Respondent/Respondent Counsel for the Petitioner : SRI D.RAVISHANKAR RAO Counsel for the Respondent : M/s T. V. SRI DEVI The Court made the following JUDGMENT: <St, APHC010514232008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL (FCA) NO: 104/2Q0fi Between: 1.SMT. GARA ANNAPURANA, W/0 SANKARA RAO 104 AREA, MARRIPALEM, VISAKHAPATNAM-18. R/0 D.NO.38-40-31 ...APPELLANT AND 1.GARA SANKARA RAO, S/o Appalaswamy Working R.P.F. Head Office, Dondaparthi R/o D.No.8-18-71 Vizianagaram. as Constable in Sri Rama Colony, ...RESPONDENT 7/^ Q 7mr' “'■'lersset aside the Order dated wJ by the Hon'ble Family Court, lA application filed U/S 9 of Hindu Marriage Act lA NO: 1 OF 2007fFCAMP 19 OF 2007 in ,h ‘P® Circumstances stated n the affidavit filed in support of the petition, the High Court may be pleased f H ns n ‘P® lodgment and decree dated 25-9-06 made in ORNO. 94/02 by the Family Court Visakhapatnam. Coyrisel for the Appellant: 1.DRAVISHANKAR RAO Counsel for the Respondent: 1.T VSRI DEVI The Court made the following: 2 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA FAMILY COURT APPEAL No.104 of 2008 JUDGMENTii'Per Hon’ble Sri Justice Battu Devanand) The present appeal has been filed against the decree and judgment dated 25.09.2006 in O.P.No.94 of 2002 on the file of the Family Court at Visakhapatnam. 2. Appellant is the petitioner. fi \^y3s filsd by th6 sppBhsnt for r0stitution of r\ DM/> OA onno Q V-/.I conjugal rights against the respondent. The said petition v^/as dismissed on merits before the Family Court, Visakhapatnam. On 13.08.2025, when this appeal is listed, there is no 4. representation for the appellant. Accordingly, it is posted to today under the Today also, there is no representation for the caption ‘for dismissal’. appellant. At this stage, learned counsel for the respondent has placed a copy the order in F.C.A.No.11 of 2007 on the file of the erstwhile High Court of Andhra Pradesh at Hyderabad, which was filed by the same appellant against the decree and judgment, dated 25.09.2006 in O.P.No.198 of 2006 on the file of the Family Court, Visakhapatnam, wherein the decree of divorce was granted. The said F.C.A.No.11 of 2007 was also dismissed for 5. 3 non-prosecution by the Division Bench of the erstwhile High Court of Andhra Pradesh at Hyderabad by its judgment dated 23.08.2018. 6. On careful consideration of the material available on record and the facts and circumstances of the case, this Court is of the considered opinion that the appellant has no interest to prosecute the case. 7. Accordingly, the Family Court Appeal is dismissed for non-prosecution. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY; %r StCTION OFFICER , Visakhapatnam District (with To, 1. The Judge, Family Court, Visakhapatnam records if any) 2. One CC to Sri D. Ravishankar Rao, Advocate [OPUC] 3. One CC to M/s T. V. Sri Devi, Advocate [OPUC] 4. The Section officer, VR Section, High Court of Andhra Pradesh Amaravati 5. Two CD Copies at MV sree HIGH COURT DATED; 20/08/2025 JUDGMENT FCA no. 104 OF 2008 o ^ (t 0 8 SEP 2025 o' CO WTOoTcoSTr“