IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE K A r <ir -o' PRESENT 73] c> THE HON’BLE SRI JUSTICE T MALLIKARJUNA RAO SECOND APPEAL No. 1036 OF 2005 Appeal filed under section 100 against the Judgment and Decree in A.S.No. 204 of 2000 on the file of the Vth Additional District and Sessions Judge, (FTC) Guntur dated 5-12-2003 and confirm the Decree and Judgment of lower court in O.S. No. 1038 of 1997 on the file of the 1 Additional Junior Civil Judge, Guntur dated 18-10-2000. St Between: Leila Satyanarayana, S/o. Veeraswamy Cool Drinks Business R/o. Sariram Cool Drinks, 6th Line, Arundalpeta, Guntur, Guntur District. ...Defendant/Respondent/Appellant AND 1. Thunuguntia Venkata Ananda Sudhakar, S/o. Radhakrishna Gupta R/o. Naidupet, Guntur Town & District. 2. Thunuguntia Naga Tulasi Parvatha Vardhani, W/o. V. Venkata Ananda Sudhakar R/o. Naidupet, Guntur Town & District. ...Plaintiffs/Appellants/Respondents I.A. NO: 3 OF 2004(SAMP.NO: 12938 OF 2004) 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 stay all further proceedings including the execution of the decree in OS.NO.1038/97 on the file of the 1st Addl. Junior Civil Judge, Guntur reversing the judgment and decree in AS.NO.204/2000 on the file of V Additional District and Sessions Judge, (FTC) Guntur dated 05-12-2003. I.A. NO: 1 DF 2005(SAMP. NO: 335 OF 2005) 1. Thunuguntia Venkata Ananda Sudhakar, S/o. Radhakrishna Gupta R/o. Naidupet, Guntur Town & District. 2 Thunuguntia Naga Tulasi Parvatha Vardhani W/o. V. Venkata Ananda sudhakar Wo Naidupet. Guntur Town & District. ...Petitioner/Respondents/Respondents AND ...Respondent/Petitioners/Appellant Petition under Section 151 CPC praying that in the circurhstances the affidavit filed in support of the petition inC.M.P.No. 12938/2004 in SA the High Court may be stated in pleased Vacate (SR) No. 42354/2004 Dt. 11-11-2004. the Interim orders granted in the Appellant: SRI. P VIJAYA KIRAN counsel for the Respondents: SRI P PRABHAKAR RAO made the following: JUDGMENT Counsel for The Court ! Af^HCOI0529372005 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO SECOND APPEAL NO: 1036/2005 "I Between: ! ...APPELLANT Leila Satyanarayana AND ...RESPONDENT(S) Thunuguntia Venkata Ananda Sudhakar and Others Counsel for the Appellant: 1.P VIJAYAKIRAN Counsel for the Respondent(S): 1. P PRABHAKAR RAO The Court made the following JUDGMENT: This Second Appeal was filed by the appellant/defendant under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 05.12.2003 passed in A.S.No.204 of 2000 on the file of learned V Additional District and Sessions Judge (Fast Track Court), Guntur, confirming the judgment and decree, dated 18.10.2000 passed in O.S.No.1038 of 1997 on the file of learned I Additional Junior Civil Judge’s Court, Guntur. Today, when the matter is taken up for hearing learned counsel for the appellant submits that the appellant is not showing interest to pursue the Second Appeal as the cause does not survive. 1. 2. 3. Recording the said submission of learned as the cause does not : dismissed as infructuous. However Miscellaneous petitions pending, if any, in this appeal shall stand counsel for the appellant and survive for adjudication, the Second Appeal is there shall be no order as to costs. closed. Sd/- K TATA RAO DEPUTY REGISTRAR SEcflOffoFFICER 1. The V Additional District and Sessions Judge (FTC), Guntur, Guntur District. (With records) 2. The I Additional Civil Judge (Junior Division), Guntur, Guntur District. (With records) 3. One CC to Sri P.Vijaya Kiran, Advocate [OPUC] 4. One CC to Sri P.Prabhakar Rao, Advocate [OPUC] 5. The Section Officer, V.R.Section, High Court of Andhra Pradesh, Amaravathi. 6. Three CD Copies //TRUE COPY// To. Trt vna Note.fX) It is noticed that , ^ _ a mistake is occurred after dispatching of the Judgment, dated 06-01-2025 in SA No.1036 of 2005 that in the heading portion, it was typed as “Appeal Suit” instead of “Second Appeal” Therefore amended Judgment in the place of earlier Judgment, dated 06-01-2025 in SA No.1036 of 2005, which was dispatched on 12-05-2025 accordingly. Sd/- K TATA RAO DEPUTY REGISTRAR HIGH COURT DATED:06/01/2025 27/05/2025 AMENDED JUDGMENT SA.No.1036 of 2005 DISMISSING THE SECOND APPEAL AS INFRUCTUOUS WITHOUT COSTS