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2025 DAILYLAW 45859 (AP)

SMT G ANJAMMA v. G KRISHNAMOORTHY

CMA/131/2025 · 2025-10-16

D Ramesh, Tuhin Kumar Gedela

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010460922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3549] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL NO: 131/2025 Between: 1. SMT G ANJAMMA, D/O. LATE G JANAKIRAMAIAH , W/O. V RAMAMURTHY, AGED ABOUT 47 YEARS, R/O. D.NO.1-175, MOSQUE STREET, OLD PET, PALAMANER TOWN AND MANDAL, CHITTOOR DISTRICT. 2. SMT. G SUNITA, D/O. LATE G JANAKIRAMAIAH, W/O. B RAJAPPA AGED ABOUT YEARS, R/O. D.NO.1-175, MOSQUE STREET, OLD PET, PALAMANER TOWN AND MANDAL, CHITTOOR DISTRICT. ...APPELLANT(S) AND 1. G KRISHNAMOORTHY, S/O. LATE G VENKATAPPA, AGED ABOUT 76 YEARS, R/O. D.NO.91/77 (11/77), MBT ROAD, OPP. IOC PETROL BUNK, PALMANER TOWN AND MANDAL, CITTOOR DISTRICT. 2. G LAKSHMIPATHI, S/O. G KRISHNAMURTHY, AGED ABOUT 36 YEARS, R/O. D.NO.91/77 (11/77), MBT ROAD, OPP. IOC PETROL BUNK, PALMANER TOWN AND MANDAL, CITTOOR DISTRICT. 3. G BALARAJU, S/O. G KRISHNAMURTHY, AGED ABOUT 34 YEARS, R/O. D.NO.91/77 (11/77), MBT ROAD, OPP. IOC PETROL BUNK, PALMANER TOWN AND MANDAL, 2 CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Appellant(S): 1. K RAGHU VEER Counsel for the Respondent(S): 1. MUCHAKAYALA NARAYANA 2. The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL NO: 131/2025 Judgment (Per Hon’ble DR,J): The appellants have filed the present Civil Miscellaneous Appeal, aggrieved by the orders dated 07.01.2021 in I.A. No. 74 of 2016 in O.S. No. 32 of 2016, on the file of the IX Additional District Judge, Chittoor. 2. The appellants/plaintiffs filed the aforesaid interlocutory application under Order 40 Rule 1 of the Code of Civil Procedure, 1908, for the appointment of an Advocate/Receiver for proper maintenance of accounts. The said application was rejected by the trial Court vide orders dated 07.01.2021. Against that, with a delay of 465 days, the present Appeal is filed, and the same has been condoned by this Court vide order dated 08.05.2025. 3. On perusal of the record, the Suit is of the year 2016, nearly a decade has passed, and both the learned counsel have submitted that the Suit is posted for trial. Taking the said facts into consideration, this Court is of the opinion to dispose of the Appeal without going into the merits. 4. In the said circumstances, this Civil Miscellaneous Appeal is disposed of, directing the learned IX Additional District Judge, Chittoor, to consider and dispose of the matter as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy 4 of this order. It is needless to say that both parties have to cooperate for the disposal of the main Suit. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH ____________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 17.10.2025 MH 5 07 THE HONOURABLE SRI JUSTICE D.RAMESH THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL NO: 131/2025 Dated: 17.10.2025 MH