APHC010530682025 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: 719/2025 Between: 1. ASHOK KUMAR MEHTA, S/O PUKHRAJ, AGED ABOUT 60 YEARS, PROPRIETOR OF RAHUL BULLION, C/O R.B. GOLD, SHOP NO. 1A, 2ND FLOOR, E.V. PLAZA, RAJAGOPALACHARI STREET, GOVERNORPET, VIJAYAWADA - 520002. ...APPELLANT AND 1. KAVITHA JAIN GOWANI, W/o K. Vikas Jain, aged about 37 years R/o 16/159, Madvapathi Vari Street, Nellore - 524001. ...RESPONDENT Appeal Under Section_____against ordershe above-named Appellant/Respondent Memorandum of Civil Miscellaneous Appeal, against the Decree begs to present this and Judgment District No. 317/2017 to on the following among other in A.S. No. 69 of 2022, dated 23.07.2025 passed by the IV Additional Judge, Nellore, in allowing the appeal and remanding the O.S. the Principal Senior Civil Judge Court, Nellore, Grounds of Appeal. 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 dated 23.07.2025 in A.S. No. 69 of 2022 on the file of IV Additional District Court, Nellore in allowing the appeal and remanding the O.S. No. 317/2017 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: 2 1. VENKAT CHALASANI Counsel for the Respondent: 1. KARTHIK SHAH The Court made the following: 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.236 of 2025 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.236 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.236 of 2025, which is a ground for filing the present appeal. 3 5. Learned counsel for the appellant also submits that the said appeal was filed due to mistake of fact. 6. Since, I.A.No.236 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: 719/2025 29.12.2025 RRM MDD