Ik. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL No.883 of 2011 Appeal under Section 28 of Hindu Marriages Act, against the order and decree dated 19/07/2011 passed in HMOP.No.180 of 2008 on the Court of the Senior Civil Judge, Gurazala, Guntur District. Between: Gandham Srinivasarao, S/o. Venkata Swamy, aged 39 years, Occ: Private Employee (Barber), R/o.H.No.14-2-468, Gouda Colony, 9 Ward, Macherla Town and Mandal, Guntur District. th ...APPELLANT/PETITIONER AND Gandham Anjali, W/o. Srinivasarao, aged 35 years. Housewife, R/o. Near ESI Hospital, Srisailam Road, Macherla Town and Mandal, Guntur District. ...RESPONDENT/ RESPONDENT Counsel for the Appellant : SRI VENKATASUBBAIAH V Counsel for the Respondent : SRI P PRABHAKAR RAO The Court made the following : 1 APHC010318372011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL NO: 883/2011 Between: Gandham Srinivasarao ...APPELLANT AND Gandham Anjali Counsel for the Appellant: ...RESPONDENT 1.VENKATASUBBAIAH V Counsel for the Respondent: 1.P PRABHAKAR RAO 2 The Court made the following: ORDER: (PerHon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned counsel for the respondent. 2. This appeal was filed against the H.M.O.P.No.180 of 2008 on the file of Senior Civil Judge, Gurazala dated 19.07.2011. order passed in The appellant herein was the petitioner and the respondent herein was the respondent in the above said H.M.O.P.. 3. The appellant is the husband and the respondent is the wife. Upon careful reading of the order of the Trial Court in 4. H.M.O.P.No.180 of 2008, it is noticed that the parties are living separately for the last so many years and the husband filed earlier H.M.O.P.No.5 of 1997 on the file of Senior Civil Judge, Gurazala for grant of divorce against the respondent herein, which was dismissed vide order dated 17.09.1999, and the same was confirmed by the High Court. The same was recorded by the Trial Court in the above said order, which is assailed in this appeal. The trial Court categorically no change of circumstances/subsequent developments/additional facts to infer that there are grounds of cruelty found that there is 3 and desertion against the respondent/wife in the pleadings of the husband/appellant herein. 5. The Trial Court categorically observed that there cause of action to file above said H.M.O.P was no sufficient and all the averments pleaded in the said H.M.O.P. filing H.M.O.P.No.5 of 1997, which attained finality. The Court below were already in existence at the time of 6. also observed, that the appellant herein/petitioner therein suppressed the filing of the H.M.O.P.No.5 of 1997 and approached the Trial earlier Court with unclean hands. Hence, the H.M.O.P. 19.07.2011, which is assailed in this appeal. As there are no merits in the appeal, this Court is not inclined to interfere with the Order of the Court below. Accordingly, the Civil Miscellaneous Appeal is dismissed. Interim Order granted if any, shall stand vacated. No costs. As a sequel. Interlocutory Applications pending, if any, shall stand SD/- S.V.S.R.MURTHY JOINT REGISTRAR was dismissed vide orders dated 7. 8. closed. //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Senior Division), Gurazala records) Guntur District, (with One CC to Sri Venkatasubbaiah V, Advocate [OPUC] < 2. One CC to Sri P Prabhakar Rao, Advocate [OPUC] 3. The Section Officer, VR Section. High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 4. 5. Three CD Copies TK TAG ?. ■y. I V / HIGH COURT DATED;03/04/2025 V JUDGMENT + DECREE CMA.No.883 of 2011 p 13 JUN 20?5 ] Currem Mcuon . DISMISSING THE CMA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CIVIL MISCELLANEOUS APPEAL No.883 of 2011 Between: Gandham Srinivasarao, S/o. Venkata Swamy, aged 39 years, Occ: Private Employee (Barber), R/o.H.No.14-2-468, Gouda Colony, 9 Ward, Macherla Town and Mandal, Guntur District. th ...APPELLANT/PETITIONER AND Gandham Anjali, W/o. Srinivasarao, aged 35 years. Housewife, R/o. Near ESI Hospital, Srisailam Road, Macherla Town and Mandal, Guntur District. ...RESPONDENT/ RESPONDENT Appeal under Section 28 of Hindu Marriages Act, against the order and decree dated 19/07/2011 passed in HMOP.No.180 of 2008 on the Court of the Senior Civil Judge, Gurazala, Guntur District. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Sri Venkatasubbaia h V, s Advocate for the Appellant and of Sri P Prabhakar Rao, Advocate for the Respondent. This Court doth Order and decree as follows: / \ A. Thafthe appeal be and is hereby dismissed. 2. That there be no order as to costs in this appeal. SD/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Senior Division), Gurazala, Guntur District. 2. Three CD Copies TK TAG HIGH COURT DATED:03/04/2025 DECREE CMA.No.883 of 2011 ^OF ANDh, S ^ 3 JUN 2f}?5 ★ Curreni aacuon . S^S^PATCHtO^ DISMISSING THE CMA