APHC010530662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 721/2025 Between: 1. ASHOK KUMAR MEHTA, S/O PUKHRAJ, AGED ABOUT 60 YEARS. PROPRIETOR OF RAHUL BULLION, C/O R.B. GOLD, SHOP NO. 1A, 2NDFLOOR, E.V. PLAZA, RAJAGOPALACHARI STREET, GOVERNORPET, VIJAYAWADA - 520002 ...APPELLANT AND 1. SURESH KUMAR, S/o Sardarmal Gowani, aged about 58 years, R/o 16/159, MadvapathiVari Street, Nellore - 524001. ...RESPONDENT Appeal Under Section_____against orders IA NO: 1 OF 2025 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 pleased to stay all further proceedings in A.S. No. 62 of 2022 on the file of IV Additional District Court, Nellore in allowing the appeal and remanding the O.S. No. 457/2018 to the Principal Senior Civil Judge Court, Nellore for fresh disposal in accordance with law by giving an opportunity to both parties to adduce evidence, if they so desired, till the disposal of this Civil Miscellaneous Appeal and pass Counsel for the Appellant: 1. VENKAT CHALASANI Counsel for the Respondent: 1. KARTHIK SHAH The Court made the following: 2 ORDER: 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. The present civil miscellaneous appeal is filed under the misinterpretation and on the premise that the First Appellate Court disposed of the main appeal without disposing the I.A.No.234 of 2024 dated 25.03.2025, pending adjudication. 3. Learned counsel for the respondent filed additional memo dated 27.06.2025 wherein he filed a docket order of the First Appellate Court dated 23.07.2022, wherein, it is specifically stated that the main appeal itself is disposed of and I.A.No.234 of 2025 is also closed. 4. Therefore, no cause survives for adjudication in the present civil miscellaneous appeal, in view of the disposal of the I.A.No.234 of 2025, which is a ground for filing the present appeal. 5. Learned counsel for the appellant also submits that the said appeal was filed due to mistake of fact. 3 6. Since, I.A.No.234 of 2025 is closed, no cause survives for adjudication in the present civil miscellaneous appeal and it became infructuous. 7. Accordingly, the present Civil Miscellaneous Appeal is closed. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ____________________________________ VENKATESWARLU NIMMAGADDA, J 29.12.2025 RRM MDD 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) CIVIL MISCELLANEOUS APPEAL NO: 721/2025 29.12.2025 RRM MDD