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2025 DAILYLAW 43448 (AP)

SEETHAMSETTI SUDHAKARA RAO, KRISHNA DIST. v. SEETHAMSETTI MOHANA LAKSHMI

FCA/49/2025 · 2025-04-08

Ninala Jayasurya, Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LA Nos. 1 and 2 of 2010 in/and FAMILY COURT APPEAL (FCA) NO: 49 OF 2025 Appeal under section 19 of Family Court Act, against the Decree and Order, Dt. 07.01.2008 in O.P No. 355 of 2004 on the file of court of the Family Court-cum-IV Addl. District and Sessions Court at Vijayawada. Between: Seethamsetti Sudhakara Rao, S/o. Koteswara Rao, Hindu, aged about 47 years, Railway Contractor and Properties, D.No. 20-4-180, New Ayodhanagar, Vijayawada, Krishna District. ...Appellant/Respondent AND 1. Seethamsetti Mohana Lakshmi, W/o. Sudhakara Rao, Hindu, aged about 42 years. 2. Seethamsetti Venkata Krishna Rao, S/o. Sudhakara Rao, Hindu, aged about 20 years. Student. 3. Seethamsetti Sukanya, D/o. Sudhakara Rao, Hindu, aged about 18 years. Student. All the respondents are R/o. D. No. 1-3-15, Suryanarayanapuram, Bhimavarann Town, West Godavari District ...Respondents/Petitioners I.A. NO: 1 OF 2010(FCAMP. NO: 556 OF 2010) 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 816 days in representing the appeal in CMASr. 21511 of 2008. I.A. NO: 2 OF 2010(FCAMP. NO: 557 OF 2010) 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 36 days in filing the present appeal against decree and order dt. 7-1-2008 in OP NO. 355 of 2004 on the file of Family Court Cum IV Addl. District and Sessions Court, Vijayawada. Counsel for the Appellant: Sri Nimmagadda Satyanarayana Counsel for the Respondents: - The Court made the following: APHC011402362008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] 0^^ WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO I.A. Nos.1 and 2 of 2010 IN/AND _ Vf 1^) No{^15li^of(g0^) FAMILY COURT APPEAL Between: 1. Seethamsetti Sudhakara Rao, S/o.Koteswara Rao, Hindu, aged about 47 years. Railway Contractor and Properties, D.No.20-4-180, New Ayodhya Nagar, Vijayawada, Krishna District. ...Appellant AND 1.Seethamsetti Mohana Lakshmi, W/o.Sudhakara Rao, Hindu, aged about 42 years, R/o.D.No.1-3-15, Suryanarayanapuram, Bhimavaram Town, West Godavari District, and two others ...Respondents Counsel for the Appellant: 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent: 1. 2 >4 The Court made the following JUDGMENT: {per NJS,J) LA. Nos.1 and 2 of 2010 Considering the submissions made and perusing the affidavits filed in support of the respective applications, the delay of 816 days in representation (LA. No.1 of 2010) and 36 days in filing the appeal (LA. No.2 of 2010) is condoned. The leaned counsel for the appellant states that despite their best efforts, they could not get in touch with the appellant. It appears that the appellant is not interested in pursuing the appeal. Hence, the Family Court Appeal is dismissed for non-prosecution. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. 4»> 2. 3. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// \ OFFICER SEC To, 1. The Family Court-cum-IV Addl. District and Sessions Court at Vijayawada, Krishna District 2. One CC to Sri. Nimmagadda Satyanarayana, Advocate [OPUC] 3. Three CD Copies Stu sree HIGH COURT DATE0:09/04/2025 JUDGMENT l A Nos.1 and 2 of 2010 in/and FCA.No.49 of 2025 dismissing the fca for non-prosecution