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High Court of Andhra Pradesh · body

2025 DAILYLAW 37147 (AP)

Sri Dutt Dave v. Ravi Dutt Dave [died]

AS/170/2012 · 2025-02-17

Ninala Jayasurya, Sumathi Jagadam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM AS NO: 170 OF 2012 Appeal filed under Section 96 of CPC, against the judgment and decree made in O.S.No. 04 of 2006 dt. 28-09-2011 on the file of Hon'ble I Additional District Judge, Srikakulam. Between: 1. Sri Dutt Dave, S/o late Jagannadha Dutt Dave, aged 61 years, Hindu Employee R/o Gujrathipeta, D.No. 16-1-31, Srikakulam Town at present Raiput. 2. Durga Dutta Dave, S/o late Jagannadha Dutt Dave aged 62 years, Hindu R/o Gujrathipeta, D.No. 16-1-31, Srikakulam Town. 3. Hah Dutt Dave, S/o late Jagannadha Dutt Dave, aged 54 years. Rest do. 4. Rama Dutta Dave, S/o late Jagannadha Dutt Dave, aged 47 years. Rest do. ...Appellant / Defendant AND 1. Ravi Dutt Dave S/o late Lakshmi Dutt Dave Gujarathipeta, D.No. 16-1-31, Srikakulam Town and 2. Balaji Dutt Dave, S/o late Siva Dutta Dave Gujarathipeta, Presently Rajahmundry, W.G. Dist. 3. Rukmini Dave, W/o late Ravi Dutta Dave aged about 79 Gujarathipeta, Presently Rajahmundry, W.G. Dist. 4. Jagannadha Subhadra Bai Dave, W/o Jagannadha Dave years. House hold duties R/o Plot NO. 12, Guruswamy Street, Ambattor, 53, Chennai. 5. Dave Saradamba, W/o S.S.Dave aged about 50 Kala Megham Street, Rajajinagar, 6. Sundar Dave, W/o Balaji Dutta Dave aged about 33 Opp Bajaj Show Room, VL Puram, 7. Ramnath Balakrishna Trivedhi, S/o late Ramnath Trivedhi, about 25 years. Plot No.31, Indian Bank Colony, Ambattor Aged 80 years, R/o District (Died) aged about 41 years, R/o years, R/o aged about 58 years, D.No. 3-2, years, D.No. 85-3, Hindu, aged 8. Jayalaxmi Bhatt, W/o late Narendra Kumar Bhatt, aged about 46 years, R/o Gujarathipeta, D.No. 16-1-24, Srikakulam Town and District 9. Dave Radha Bai, W/o Siva Dutt Dave, aged about 76 years, R/o Gujarathipeta, D.No. 16-1-24, Srikakulam Town and District. ...Respondents/Plaintiff/Defendants Nos 5 to 10 Counsel for the Appellant Nos.1 & 3: SRI. T.V.S PRABHAKARA Counsel for the Petitioners No.2 & 4: SRI R DHEERAJ Counsel for the Respondents No.2 & 3: RAO SINGH SRI. ARAVALA RAMA RAO Counsel for the Respondents No.1, 4 to 9: None appeared The Court made the following; JUDGMENT APHC010622082012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3494] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE N / PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM APPEAL SUIT No.170 of 2012 I Between: 1.Sri Dutt Dave, S/o Late Jagannadha Dutt Dave, Employee R/o Gujrathipeta, D.No. 16-1-31, Srikakulam Town, and others. ...Appellants AND I.Ravi Dutt Dave (Died), S/o Late Lakshmi Gujarathipeta, D.No.16-1-31, Srikakulam Town others. Dutt Dave, R/o and District, and ...Respondents Counsel for the Appellants 1.RDHEERAJ SINGH 2.T V S PRABHAKARA RAO Counsel for the Respondents; 1.ARAVALA RAMA RAO The Court made the following JUDGMENT: It is represented on behalf of Mr.T.V.S. Prabhakara Rao, learned counsel that despite addressing letters to the appellants and also the counsel representing them in the lower Court, there is no response. 2. From a perusal of the docket proceedings dated 27.1.2025 and the Memo dated 13.2.2025, it appears that the appellants are not interested in pursuing the matter. V'- 2 AS 170 2012 3. Hence, the appeal suit is dismissed for non-prosecution. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTER \ //TRUE COPY// SE6t^ OFFICER To 1. The I Additional District Judge, Srikakulam (with records) 2. One CC to Sri. T.V.S Prabhakara Rao Advocate [OPUG] 3. One CC to Sri. Aravala Rama Rao Advocate [OPUC] 4. One CC to Sri R Dheeraj Singh, Advocate.[OPUC] 5. The Section Officer, V.R Section, High Court of Andhra Pradesh at Amaravathi. 6. Three CD Copies PR vna X X, HIGH COURT DATED: 17/02/2025 11 M*R 2025 i ^ ^ Cutreni Seciion ^4^spatc«^^ JUDGMENT AS.No.170 of 2012 DISMISSING THE APPEAL SUIT FOR NON PROSECUTION WITHOUT COSTS