*r ^ APHC010035802016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -Al TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NO: 274 OF 201fi Appeal filed under section 96 of C.P.C, Aggrieved by the Judgment and Decree dated 17th June, 2011 passed in O.S.No. 10 of 2005 on the file of the Court of II Additional District Judge, Ongole. Between; 1. Chinigepalli Srinivasa Rao, S/o. Late Ranganayakulu, aged about 60 Hindu, Business, R/o. Rajupalem (V), Kothapatnam (M), Prakasam District. 2. Puvvada Venkata Subba Rao, S/o. Late Krishna Swamy, aged about 34 years, Hindu, Business, R/o. Opp: Sri Venkateswara Cycle Shop, Near Sri Bala Krishna Lighting and Mike Services, Kothapatnam Prakasam District. 3. Puvvada Uma Maheswara Rao, S/o. Late Krishna Swamy, aged about Hindu, Business, R/o. Opp: Sri Venkateswara Cycle Shop Bala Krishna Lighting and Mike Services, Kothapatnam Road, Ongole Prakasam District. years. Road, Ongole 28 years Near Sri ■•I ^ <■ 4. Puvvada Kamalakara Rao, S/o. Late Krishna Swamy, aged about 25 FHindu, Business, R/o. Opp; Sri Venkateswara Cycle Shop, Near Sri Bala krishna Lighting and Mike Services, Kothapatnam Road, Ongole, Prakasam ' -j years. is'; % '-I,-- Si. , % r District. 5. Puvvada Satyavathi, W/o. Late Muralimohana Rao, aged about 42 years, Hindu, Housewife, R/o. Ranguthota, Ongole, Prakasam District. 6. Puvvada Naga Raju, S/o. Late Muralimohana Rao, aged about 22 years, R/o. Tanguthota, Ongole, Prakasam District. ...APPELLANTS AND 1. Puvvada Suseelamma, W/o. Late P. Narasimha Swamy, aged about 75 Hindu, Housewife, R/o. H.No. 45-1-150/1 (1), K.P.Road, Ongole, years, Prakasam District. 2. Puvvada Venkata Rama Krishna, S/o. Late P. Narasimha Swamy, aged about 53 years, Ongole, Prakasam District. 3. Puvvada Ravindranath, S/o. Late P. Narasimha Swamy, Hindu, Landlord, R/o. Gandhi Road, Ongole, Prakasam District. 4. Puvvada Vijaya Saradhi Subba Rao, S/o. Late P. Narasimha Swamy, aged about 47 years Ongole, Prakasam District. 5. Puvvada Venkata Laxmi Narayana Sesha Sai Prasad, S/o. Late P. Narasimha Swamy, aged about 46 years Road, T. Nagar, Chennai. Hindu,Landlord, R/o. H.No. 45-1-150/1 (1), K.P.Road, Hindu,Landlord, R/o. H.No. 45-1-150/1 (1), K.P.Road Hindu, Employee, R/o. Bazullah r 6. Puvvada Venkata Kasi Siv Sankara Prasad P V Siva Sanker, S/o. Late P. Narasimha Swamy, aged about 41 years K.P.Road, Ongole, Prakasam District. Hindu, R/o. H.No. 45-1-150/1 (1), ...RESPONDENTS lA NO: 2 OF 2016fASMP 622 OF 2016 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 grant stay of passing of final decree dated 17.06.2011 passed in Os No. 10/2006 on the file of the court of II Additional District Judge, Ongole. Counsel for the Petitioners : SRI. MRS SRINIVAS Counsel for the Respondent Nos 1,4 : SRI. K SANKARAYYA Counsel for the Respondent Nos 2.3,5 & 6 : SRI. NARASIMHA RAO GUDISEVA The Court made the following JUDGMENT : 1 (RNT,J & MRKJ A.S. NO.274 OF 2016) APHC010035802016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] r.‘ r-: TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NO: 274/2016 Between: 1.CH1NIGEPALLI SRINIVASA RAO, PRAKASAM DIST & FIVE OTHERS, S/0. LATE RANGANAYAKULU HINDU, BUSINESS, R/0. RAJUPALEM (V), KOTHAPATNAM (M), PRAKASAM DISTRICT. 2.PUVVADA VENKATA SUBBA RAO, S/0. LATE KRISHNA SWAMY, HINDU, NEAR SRI BALA KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT. BUSINESS, R/0. OPP; SRI VENKATESWARA CYCLE SHOP, KRISHNA LIGHTING AND MIKE SERVICES, 3.PUVVADA UMA MAHESWARA RAO, S/0. LATE KRISHNA SWAMY, BUSINESS, R/0. OPP: SRI VENKATESWARA CYCLE SHOP, KRISHNA LIGHTING AND MIKE SERVICES, HINDU NEAR SRI BALA KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT 4.PUVVADA KAMALAKARA RAO, S/O. LATE KRISHNA SWAMY, BUSINESS, R/O. OPP; SRI VENKATESWARA CYCLE SHOP, KRISHNA LIGHTING AND MIKE SERVICES, HINDU NEAR SRI BALA KOTHAPATNAM ROAD, ONGOLE, PRAKASAM DISTRICT 5 PUWADA SATYAVATHI, W/0. LATE MURALIMOHANA RAO, HINDU, PRAKASAM RANGUTHOTA, ONGOLE, HOUSEWIFE. R/O. DISTRICT. 6.PUWADA NAGA RAJU, S/O. LATE MURALIMOHANA RAO, R/O. TANGUTHOTA, ONGOLE, PRAKASAM DISTRICT. A'' 2 (RNT,J & MRK,J A.S. NO.274 OF 2016) ...APPELLANT(S) AND 1.PUWADA SLiSEELAMMA PRAKASAM DIST FIVE OTHERS, W/O. LATE P. NARASIMHA SWAMY, HINDU, HOUSEWIFE, R/0. H.NO. 45- 1-150/1 (1), K.P.ROAD, ONGOLE, PRAKASAM DISTRICT. 2.PUWADA VENKATA RAMA KRISHNA, S/0. LATE P NARASIMHA SWAMY, HINDU,LANDLORD. R/0. H.NO. 45-1-150/1 (1), K P ROAD ONGOLE, PRAKASAM DISTRICT. 3.PUWADA RAVINDRANATH, S/0. LATE P. NARASIMHA SWAMY, HINDU, LANDLORD, R/0. GANDHI ROAD, ONGOLE, PRAKASAM DISTRICT. 4.PUWADA VIJAYA SARADHI NARASIMHA SWAMY, HINDU,LANDLORD, R/0. H.NO. K.P.ROAD, ONGOLE, PRAKASAM DISTRICT. 5.PUWADA VENKATA LAXMI NARAYANA SESHA SAI PRASAD LATE P. NARASIMHA SWAMY, HINDU, EMPLOYEE ROAD, T. NAGAR, CHENNAI. 6.PUVVADA VENKATA KASI SIV SANKARA PRASAD SANKER, S/0. LATE P. NARASIMHA SWAMY, HINDU, 45-1-150/1 (1), K.P.ROAD, ONGOLE, PRAKASAM DISTRICT. ...RESPONDENT{S): Aggrieved by the Judgment and Decree dated 17th June, 2011 passed in O.S.No. 10 of 2005 on the file of the Court of II Additional District Judge Ongole, ’ lA NO: 1 OF 2016(ASMP423 OF 2016 SUBBA RAO. S/0. LATE P. 45-1-150/1 (1), , S/O. R/0. BAZULLAH P V SIVA R/0. H.NO. 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 1598 days in representing the above appeal and pass lA NO: 2 OF 2016(ASMP 622 OF ?nifi Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased grant stay of passing of final decree dated 17.06.2011 passed in Os *: 3 (RNT,J & MRK,J A.S. N0.274 OF 2016) No. 10/2006 on the file of the court of II Additional District Judge, Ongole pending disposal of the above appeal Counsel for the Appellant(S): 1.M R S SRINIVAS Counsel for the Respondent(S): 1.K SAN KARAYYA 2.NARASIMHA RAO GUDISEVA The Court made the following: JUDGMENT(per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed by the appeliants/defendants, challenging the preliminary decree passed in the partition suit filed by the respondents/plaintiffs, by judgment and decree dated 17.06.2011 in O.S.No.10 of 2005 on the file of the II Additional District Judge, Ongole. 2. On 05.08.2025, the following order was passed : “Sri Shaik Mohammed Altha,f learned counsel appearing for the appellants, submits that he has not been able to obtain instructions, as the appellants are not in contact. List next week under the caption for dismissal’’ 3. On 12.08.2025, the following order was passed : “Sri A.V.N.Yaswanth, learned counsel appearing for the appellants ’ counsel, submits that he has not been able to obtain insIriicUons, as the appellants are not providing the instructions. \ 4 (RNTJ & MRK,J A.S. NO.274 OF 2016) ? 2 The 4th respondent died and in spite of the time having been granted repeatedly on the request of the appellants’ counsel, to file an appropriate application, the same also could not befiledfor want ofinstructions to the appellants ’ counsel. 3. List in the next week under the same caption.. ” 4. Sri Shaik Mohammed Althaf, learned counsel representing Sri M.R.S.Srinivas, learned counsel for the appellants, submits that he has not been able to contact the appellants to obtain instructions. 5. In view of the above, the Appeal Suit is dismissed “for want of prosecution”. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. SD/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional District Judge, Ongole. (with records) 2. One CC to Sri. MRS Srinivas Advocate [OPUC] 3. One CC to Sri. K Sankarayya Advocate [OPUC] 4. One CC to Sri. Narasimha Rao Gudiseva Advocate [OPUC] 5. The V R Section, Section Officer, High Court of Andhra Pradesh. 6. Two CD Copies PR TAC HIGH COURT DATED:19/08/2025 JUDGMENT AS NO. 274 OF 2016 ^0 8 SEP 2025 Jg ^JsjJuiTtnt Secti»jj,x^^ % c5' dismissing the appeal for want PROSECUTION OF