1 (RNT,J & MRK,J A.S. NO.747 OF 2012) APHC010717382012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NO: 747/2012 Between: Vogeti Satyanarayana Murthy and Others ...APPELLANT(S) AND Alavala Satyanarayana ...RESPONDENT Counsel for the Appellant(S): 1. SRINIVASA RAO PAPPU Counsel for the Respondent: 1. VENKAT CHALLA The Court made the following: JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed by the appellants/defendants, aggrieved by the judgment dated 30.1.2012 passed in O.S.No.89 of 2004 on the file of the VIII Additional District Judge (Fast Track Court), East Godavari, Rajahmundry, filed by the respondent/plaintiff seeking recovery of amount. 2 (RNT,J & MRK,J A.S. NO.747 OF 2012) 2. Mrs.Ch.S.N.Kumari, learned counsel representing, Sri Pappu Srinivasa Rao, learned counsel for the appellants, prays for adjournment. 3. Learned counsel for the respondent submits that, in the appeal, an interim order was granted on 20.11.2012, subject to the condition that the appellants deposit 50% of the decretal amount along with costs within the specified period. The order further provided that, in case of failure to comply, the interim order would stand vacated automatically. He submits that the appellants have not complied with the terms of the interim order since 2012, and the lower court record has not been transmitted to this Court. As a result, the plaintiff/respondent has been unable to execute the decree. It is further submitted that the respondent/plaintiff passed away on 23.03.2013. Intimation regarding the same was given by filing a memo vide U.S.R. No. 18023 of 2025. However, in spite of the said intimation, no application has been filed till date to bring the legal representatives of the deceased sole respondent on record. 4. On perusal of the docket shows that on 13.03.2025, at the request of the appellants’ counsel, the matter was adjourned. 5. Today also, a request has been made by the appellants’ counsel for adjournment for no justifiable reason. 6. Considering that no application has been filed till date to bring the legal representatives on record, and as there is no other respondent, rejecting the request for adjournment, the Appeal Suit is dismissed as abated. 3 (RNT,J & MRK,J A.S. NO.747 OF 2012) 7. The interim order granted by this Court in A.S.M.P.No.2173 of 2012 on 20.11.2012 stands vacated. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 03.04.2025. RPD. 4 (RNT,J & MRK,J A.S. NO.747 OF 2012) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED AS ABATED) APPEAL SUIT NO: 747 OF 2012 Date: 03.04.2025 RPD.