APHC010242622017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI E TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 485 OF 2017 Appeal under Order 43 Rule 1 (u) of CPC, against the Order and Decree dated 24-04-2017 passed in I.A.No.675 of 2016 in O.S.No.71 of 2016 on the file of the Special Judge for Trial of Cases under SC's & ST's (POA) Act-cum- IV Additional District Judge, Srikakulam, Srikakulam District. Between: Ushodaya Real Estates, Srikakulam registered Firm, Rep., by its Managing Partner Sri Pradeep Bihani, S/o.Late Mahaveer Prasad Bihani, Hindu, aged 56 years, R/o.Plot No,401, Vyshnavi Vihar, Near Andhra Bank Women's Branch, Women's College Road, Srikakulam Town and District. ...Appellant/Petitioner/Plaintiff AND 1. Devarasetty Manmadha Rao, S/o.Late Venugopala Swamy, Hindu, aged 83 years, Occu: Business, R/o. Lakshminarusupeta Village, Post and Mandal, Srikakulam District. Devarasetty Surya Rao, S/o.Manmadha Rao, Hindu, aged 60 years, Occu: Business, R/o. Plot No. 12, S.V.G.B.Colony, Kathera Veedhi, Srikakulam Town and District. 2. ■ 3. Pydi Padmavathi @ Padma, W/o.Pydi Murali, Housewife, Hindu, aged 42 years, R/o.Fareedpeta Village, Sharemohammadpuram, Hamlet, Etcherla Mandalam, Srikakulam District. 4. Metta Venkata Satyanarayana Batlu, S/o.Late Jagannadh Ram Batlu, Hindu, Employee, R/o.Plot No.7-83, D.C.C.B.E.Colony, Jagga Rao Veedhi, Near R.V.M. Office, Chapuram Panchayat, Balaga Rural, Srikakulam Mandal and District. ...Respondents/Respondents/Defendants Counsel for Appellant: - Counsel for the Respondent Nos.1 2 & 4:-- Counsel for the Respondent No.3: Sri S. Srinivasa Rao The Court made the following: APHC010242622017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 485/2017 Between: 1.U REAL ESTATES, SRIKAKULAM DIST, SRIKAKULAM REGISTERED FIRM, REP., BY ITS MANAGING PARTNER SRI PRADEEP BIHANI, S/0 LATE MAHAVEER PRASAD BIHANI, HINDU AGED 56 YEARS, R/0 PLOT NO- 401, VYSHNAVI VIHAR, BRANCH, WOMEN'S COLLEGE ROAD TOWN AND DISTRICT. NEAR ANDHRA BANK WOMEN’S SRIKAKULAM ...APPELLANT AND 1.D MANMADHA RAO SRIKAKULAM DIST 3 OTHERS, S/0 LATE VENUGOPALA SWAMY, HINDU, AGED 83 YEARS, OCCU: BUSINESS, R/0 LAKSHMINARUSUPETA VILLAGE POST AND MANDAL, SRIKAKULAM DISTRICT. 2.DEVARASETTY SURYA RAO, S/0 MANMADHA RAO, HINDU, AGED 60 YEARS, OCCU: BUSINESS, R/0 PLOT NO: 12, S.V.G.B. COLONY, KATHERA VEEDHI, SRIKAKULAM TOWN AND DISTRICT. 3.PYDI PADMAVATHI PADMA, W/O PYDI MURALI, HOUSEWIFE, HINDU, AGED 42 YEARS, R/AT FAREEDPETA VILLAGE SHAREMOHAMMADPURAM, ETCHERLA MANDALAM, SRIKAKULAM DISTRICT. HAMLET, 4.METTA VENKATA SATYANARAYANA BATLU, S/0 LATE JAGANNADH RAM BATLU, HINDU, EMPLOYEE, R/0 PLOT NO: 7-83, D.C.C.B.E. COLONY, JAGGA RAO VEEDHI, NEAR 2 CGR,J CMANo.485 of 2017 R.V.M. OFFICE, CHAPURAM PANCHAYAT, BALAGA RURAL, SRIKAKULAM HANDAL AND DISTRICT. ...RESPONDENT(S): Appeal Under Section order dated 24-04-17 in I.A. No 675 / 2016 IN O.S. No; 71 of 2016 on the file of the Spl., Judge For Trial of SC's & ST's (POA) Act-cum- IV Addl. District Judge Srikakulam Counsel for the Appellant: against ordersaggrieved by the 1. ELEVATED AS JUDGE Counsel for the Respondent{S): 1.S SRINIVASA RAO The Court made the following: 3 CGR,J CMANo.485 of 2017 JUDGMENT: This Court, by order dated 30.08.2023, directed the Registry to issue notice to the appellant, as his learned counsel had been elevated as a Judge. Accordingly, the Registry issued notice, which returned un-served with the endorsement “he was left without was instructions. Subsequently, when the matter was called on 22.07.2025, Smt. B.V. Aparna Lakshmi, learned counsel, informed the Court that she would attempt to contact the appellant. However, today, it is submitted that the appellant is not residing at the address mentioned in the cause title, and therefore, her efforts could not fructify. 2. In view , of the. above, this Civil Miscellaneous Appeal is 3. dismissed for non-prosecution. There shall be no order as to costs. As a .s^ue),}aij pending miscellaneous petitions, if any, shall stand closed Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Special Judge for Trial of Cases under SCs & STs (POA) Act-cum- IV Additional District Judge, Srikakulam, Srikakulam District. (With records) 2. One CC to Smt B.V.Aparna Lakshmi, Advocate [OPUC] 3. One CC to Sri S.Srinivasa Rao, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of AP at Amaravati. 5. Two CD Copies BSV sree V HIGH COURT DATED:05/08/2025 JUDGMENT CMA NO. 485 OF 2017 g( 0 9 OCT 2025 '^Vs£iiffent Sectioo^^y DISMISSING THE CMA FOR NON-PROSECUTION WITHOUT COSTS