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2025 DAILYLAW 43060 (AP)

The District Collector v. M. Lakshmi Narasa Reddy(died) per LR RR 2 to 4

AS/2385/2004 · 2025-04-02

Maheswara Rao Kuncheam, Ravi Nath Tilhari

Original Suitbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NO: 2385 OF 2004 Appeal filed under Section 96 of C.P.C, against the Judgment and decree dated 19-02-2023 passed in O.S.No.92 of 1992 on the file of the learned Additional Senior Civil Judge, Nellore. BETWEEN: The State of Andhra Pradesh, Rep., by District Collector, Nellore. ...APPELLANT/REFERRING OFFICER AND 1. M. Lakshmi Narasa Reddy, S/o. Adinarayana Reddy, R/o. Kota (V & M), Nellore. (died) per LR RR 2 to 4, Maram Reddy Sudarsanamma, W/o. Lakshmi Narasa Reddy, age 45 years. Maram Reddy Venkata Krishna Reddy, S/o. Laxmi Narasa Reddy, age 45 years. Maram Reddy Sreedhar Reddy, S/o. Laxmi Narasa Reddy, age 41 years. 2. 3. 4. (All are R/o. Kota Village & Mandal SPSR, Nellore District.) (R.R. 2 to 4 are brought on record as LRs of deceased sole Respondent as per C.O.dt.05-02-2010 made in AS.MP.No.123 of 2010) ...CLAIMANT/RESPONDENTS / I.A. No: 1 OF 2005(AS.MP. NO: 173 DF 2005) 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 grant interim stay of all further proceedings pursuant to the judgment and decree in O.S.No.92 of 1992 on the file of the Additional Senior Civil Judge, Nellore dated 19-12-2003 and the execution thereof in E.P.No.89 of 2004. Counsel for the Appellant(s):- SRI. GP FOR APPEALS Counsel for the Respondents:- SRI. M.P. CHANDRAMOULI The Court made the following: ORDER 1 (RNTJ & MRK,J A.S. N0.2385 0F2004) APHC010147272004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] r 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: 2385/2004 Between: The District Collector ...APPELLANT AND M Lakshmi Narasa Reddydied Per Lr Rr 2 To 4 and ...RESPONDENT(S) Others Counsel for the Appellant: 1.GP FOR APPEALS 2.. Counsel for the Respondent(S): 1.M P CHANDRAMOULI 2.. The Court made the following: JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) \ This appeal has been filed by the appellant/defendant-State, being aggrieved from the order of recovery of amount, by judgment and decree 2 (RNT,J & MRK,J < A.S. N0.2385 OF 20G4) ‘ dated 19.12.2003 passed in O.S.No.92 of 1992 on the file of the Additional Senior Civil Judge, Nellore. On 14.02.2025, at the request made by Sri T.Vishnu Teja, learned counsel for the appellant, the matter was adjourned. 2. 3. Today, the learned Assistant Government Pleader has once again sought an adjournment, citing that the Special Government Pleader will argue the matter. This Court observes that, in cases filed by the State, even in older matters, repeated adjournments have been sought on similar grounds, and such as the opportunity for the Special Government Pleader to argue the case. Due to these repeated adjournments, the cases have not been argued effectively. 4. In view of the above, the Appeal Suit is dismissed for want of 5. prosecution. 6. The interim order granted by this Court in A.S.M.P.No.173 of 2005 on 10.02.2005 stands vacated. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending. shall also stand closed. Sd/- M. RAMESH BABU DEPUTY R^ISTRAR SECTIoilj^bVFICER //TRUE COPY// To, 1. The Additional Civil Judge, (Senior Division), Nellore. 2. One CC to Sri. M.P. Chandramouli, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra 4. Three C.D Copies. Pradesh at Amaravathi. [OUT] ssl HIGH COURT DATED:03/04/2025 \ ORDER AS.NO.2385 OF 2004 ^ 2^JUL 2025 )g ?RoicuTON.'®