% APHC010862122018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.l of 2018 in/and CIVIL MISCELLANEOUS SECOND APPEAL No.48 of 2018 CIVIL MISCELLANEOUS SECOND APPEAL No.48 of 2018 Appeal filed under Section 47 of C.P.C, aggrieved by the Judgment and Decree passed in A.S.No.222 of 2010 dated 21-01-2014 on the file of the V Additional District Judge, Vijayawada, confirming the order passed S.O.P.No.1 of 2009 dated 29-09-2009 on the file of the II Additional Junior Civil Judge, Vijayawada, Krishna District. in Between: 1. Madugula Suvarthamma, W/o Joseph, Aged 43 years, R/o Peddapuram Village, Veerullapadu Mandal, Krishna District. 2. Madugula Varalu, W/o D.D.Ravi Kumar, D/o Joseph, aged about 28 years, R/o Peddapuram Village, Veerullapadu Mandal, Krishna District. 3. Madugula Raju, S/o Joseph, aged about 25 years, R/o Peddapuram Village, Veerullapadu Mandal, Krishna District. ...APPELLANTS/RESPONDENTS/RESPONDENTS 2 TO 4 $ f AND 1. Kolakaluri Nayomi, W/o Marianna, aged About 27 years, Occ; , Housewife, R/o.D.No.42-54-2, Block No.54, Old Singhnagar, •:,A/ijayawada-14. ...RESPONDENT/ RESPONDENT N0.1/APPELLANT 2. Dupati Suresh, S/o Late Joseph, aged about 23 years, R/o D.No. 42-62- 5/A, Block No.9, Ajithsinghnagar, Vijayawada-15. ...RESPONDENT/PETITIONER/RESPONDENT N0.1 lA NO: 1 OF 2018 Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 1670 days in filing the above second appeal. lA NO: 2 OF 2018 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order and decree passed in SOP No.1 of 2009 dated 29-09-2009 on the file of the II Additional Senior Civil Judge, Vijayawada, pending disposal of the above second appeal. Counsel for the Petitioners APPEARED) : SRI G N V PULLA RAO (NONE Counsel for the Respondents: NO REPRESENTATION The Court made the following JUDGMENT : «» APHC010862122018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Tuesday!' the twelfth day of august TWO THOUSAND AND TWENTY FIVE 0:^0 [3506] Kipul- ¥■ 0E^ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS SECOND APPEAL NO: 48/2018 Between; 1.MADUGULA SUVARTHAMMA, W/0 JOSEPH, AGED 43 YEARS, R/b PEDDAPURAM VILLAGE, VEERULLAPADU. MANDAL, KRISHNA DISTRICT KRISHNA 2.MADUGULA VARALU, W/O D.D.RAVI KUMAR JOSEPH, AGED ABOUT 28 YEARS, R/0 PEDDAPURAM VILLAGE, VEERULLAPADU MANDAL, KRISHNA DISTRICT. ’■ 3.MADUGULA RAJU, S/0 JOSEPH, AGED ABOUT 25 YEARS, R/0 PEDDAPURAM VILLAGE, VEERULLAPADU. MANDAL, KRISHNA DISTRICT. D/0 ...APPELLANT(S) AND 1.KOLAKALURI NAYOMI, W/O MARIANNA, AGED ABOUT 27 YEARS, OCC. HOUSEWIFE, R/0 D.NO. 42-54-2, BLOCK NO. 54 OLD SINGHNAGAR, VIJAYAWADA-14.- VIJAYAWADA 2 DUPATI SURESH, S/O LATE JOSEPH, AGED ABOUT 23 N0.9, YEARS, R/O D.NO. 42-62-5/A BLOCK 2 AJITHSINGHNAGAR, VIJAYAWADA-15. ...RESPONDENT(S): aggrieved by the Judgment and Decree passed in A.S.No. 222 of 2010 dt. 21-1-2014 on the file of the V Addl. District ■Judge, Vijayawada, confirming the order, passed in S.O.P.No. 1 of 2009 dt.29-S'-2009 on the file of the II Addl. Junior Civil Judge, Vijayawada, for the following lA NO: 1 OF 2018 1 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 to condone the delay of 1670 days in filing the above second appeal, in the interest of justice and to pass ■0 lA NO: 2 OF 2018 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 to suspend the order and decree passed in SOP no.1 of 2009 dt. 29-09-2009 on the file of ’the II Addl Senior Civil Judge, Vijayawada, pending disposal of the above second appeal in the interest of justice and to pass Counsel for the Appellant(S): 1.G N VPULLA RAO Counsel for the Respondent(S): 1. 3 r THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.l of 2018 IN/AND CIVIL MISCELLANEOUS SECOND APPEAL NO: 48/2018 JUDGMENT: Learned counsel for the respondent is present. 2. None appears for the appellant. Even on earlier occasion on 15.07.2025, there was no representation for the appellant. It shows that the appellant is not interested in prosecuting the case. 3. In view of the same, I.A.No.l of 2018 seeking to condone the delay of 1670 days in filing the appeal and also the Civil Miscellaneous Second Appeal stands dismissed for non-prosecution. Interim orders, if any, are deemed to have been vacated. No costs. As a sequel, miscellaneous applications pending, if any shall stand closed. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The V Additional District Judge, Vijayawada, Krishna District, (with records if any) 2. The 11 Additional Civil Judge (Junior Division), Vijayawada, Krishna District. 3. One CC to Sri G N V Pulla Rao, Advocate [OPUC] T‘- 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Two CD Copies TK TAC HIGH COURT DATED:12/08/2025 JUDGMENT I.A.No.1 of 2018 in/and CMSA No.48 of 2018 I l/SffJWS s ^ * Current becuon . DISMISSING THE I.A.No.1 of 2018 AND NON-PROSECUTION CMSA FOR