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2025 DAILYLAW 36090 (AP)

SARALA v. DESAI RAMARAO & ANOTHER

CMA/1268/2005 · 2025-08-05

Ninala Jayasurya, Tuhin Kumar Gedela

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Judgment text

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APHC010585132005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL No.1268 OF 2005 Between: Sarala, D/o.late B.Narayana Rao, Aged 45 years, Occ:Housewife, R/o.16-734, Rajaji Street, Anantapur. ...Appellant AND 1. Desai Ramarao (died), S/o.Gundu Rao, Aged 50 years, Occ:Working in Sericulture Department, D.No.5-2-1/52, Pulamathi Road, Sreekantapuram, Hindupur. 2. Smt Desai Savithramma, W/o.D.Gundu Rao, aged 70 years, Hindu, House Wife, R/o.5-1-91, Sreekantapuram, Hindupuram Town, Ananthapur District. (R2 is brought on record as LR of the deceased R1 vide C.O. dated 18.12.2009 in CMP No1669 of 2009) ...Respondents Counsel for the Appellant : Mr.Chetluru Sreenivas Counsel for the Respondents: Mr.A.Hanumantha Reddy 2 CMA_1268_2005 The Court made the following JUDGMENT: (per Hon’ble NJS,J) It is represented on behalf of the learned counsel for the appellant that despite his best efforts, he could not secure any instructions from the appellant. It is stated that the respondent No.1 died during the pendency of the appeal and in view of the same, the appellant is not interested in pursuing the appeal. The learned counsel for the respondents states that he could not receive any instructions from the respondent No.2 i.e., mother of respondent No.1. In the said circumstances, we are constrained to dismiss the appeal for non–prosecution. 2. Accordingly, the C.M.A., is dismissed for non–prosecution. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________ NINALA JAYASURYA,J _____________________________ TUHIN KUMAR GEDELA,J August 06, 2025 vasu