APHC010880712017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.1 of 2017 (C.M.A.M.P.No.2021 of 2017) IN/AND CIVIL MISCELLANEOUS APPEAL NO.1162 OF 2017 Between: 1. NARNI TATALU, S/O RAMARAO, AGED ABOUT 56 YEARS, OCC: CULTIVATION, R/O D.NO.1-105, KARRAVARI SAVARAM, UNDARAJAVARAM MANDAL, TANUKU, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...APPELLANT AND 1. KAKARLA SRINIVASU, S/O SATYANARAYANA MURTHY, AGED ABOUT 40 YEARS, OCC: BUSINESS, R/O D.NO.2-96, KARRAVARI SAVARAM, UNDRAJAVARAM MANDAL, TANUKU, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 2. HANUMANTHU HARILATHA, W/O RAJANARAYANA, AGED ABOUT 36 YEARS, OCC: BUSIENSS, R/O D.NO.1-103, KARRAVARI SAVARAM, UNDRAJAVARAM MANDAL, TANUKU, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 3. HANUMANTHU RAJANARAYANA, S/O SRIRAMAMURTHY, AGED ABOUT 44 YEARS, R/O D.NO.176-26-2/4, KARUTURIVARI STREET, TANUKU, TANUKU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 2 4. KAKARLA NAGALAKSHMI, W/O SRINIVASU @ SRINU, AGED 41 YEARS, OCC: PROPERTIES, R/O D.NO.2-96, KARRAVARI SAVARAM, UNDRAJAVARAM MANDAL, TANUKU, WEST GODAVARI DISTRICT. 5. KAKARLA GOWRI, W/O SURYANARAYANA, AGED 32 YEARS, OCC: PROPERTIES, R/O D.NO.2-96, KARRAVARI SAVARAM, UNDRAJAVARAM MANDAL, TANUKU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Appellant: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. TURAGA SAI SURYA The Court made the following: 3 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.1 of 2017 (C.M.A.M.P.No.2021 of 2017) IN/AND CIVIL MISCELLANEOUS APPEAL No.1162 OF 2017 J U D G M E N T: This civil miscellaneous appeal arises out of the order dated 11.08.2017 passed in E.P.No.1 of 2015 in O.S.No.83 of 2012 by the learned Principal District Judge, West Godavari District at Eluru. I.A.No.1 of 2017 (C.M.A.M.P.No.2021 of 2017) is an application seeking leave to prefer appeal as against respondent Nos.3 to 5 also, who were not parties to the aforesaid Execution Petition. 2. This Court has passed the following order on 05.08.2025: “Learned counsel for the respondents had earlier informed the Court that the sole appellant had passed away. Consequently, learned counsel for the appellant sought time to ascertain whether the cause in the appeal survives or to obtain instructions for further proceedings. Learned counsel for the appellant now seeks further time to file an application to bring the legal representatives of the sole appellant on record. List the matter after two (2) weeks.” 3. When the matter is taken up today, learned counsel for the appellant submits that he has no instructions from the legal heirs of the appellant. 4 4. The sole appellant having died and there being no steps or instructions from the legal heirs, the appeal stands abated. 5. Accordingly, the civil miscellaneous appeal as well as I.A.No.1 of 2017 (C.M.A.M.P.No.2021 of 2017) stand dismissed as abated, reserving liberty to the legal heirs of the appellant to file an appropriate application for revival of the case, if they intend to pursue the same. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 20.08.2025 IBL 5 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO.1162 OF 2017 Dt: 20.08.2025 IBL