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2025 DAILYLAW 47448 (AP)

C.Soma Sankara Prasad (died) v. C.Srinivas

AS/2828/2004 · 2025-05-04

Venuthurumalli Gopala Krishna Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO FIRST APPEAL NO: 2828 OF 2004 Appeal against the Judgment and decree passed in OS No. 125 of 1996 dated 28-11-2003 on the file of the Principal Senior Civil Judge Rajahmundry n Between: 1. Chundru Soma Sankara Prasad (died), S/o. Rao,Business,Hindu, Kakinada. ' --i r ' Kondala 2. Chundra Veera Venkata- Satyavathi, W/o. 60 years,Hindu,Land Lord C/o: C.B. Jagannadham, HYderabad Kondalarao, Hindu, ...APPELLANT(S) AND 1. Cherukuri Srinivas, S/o. Gangaraju,aged about 33 years,Hindu,land lord, R/o. Rajahmundry. 2. Vattikuti Vijaya Lakshmi, W/o. late Ranga Rao,aged about 42, Inamdarini,Hindu, R/o. Rajafimundry ...RESPONDENTS ? I.A. 2004(ASMP. NO: 12404 OF 2004) petition under Section, 151 CPC ■' - n praying that in the circumstances stated in. the affidavit filed in support of the petition, the High Court pleased to stay of all further proceedings in pursuance of the judgment and decree dated 28-11-2003 passed in'oS No.125 of 1996 on the file of the Prin^ipoi Senior Civil Judge Rajahmundry, East Godavari ..J /V y / \ . may be if Dt. pending disposal of above appeal and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Appellants: Sri Venkateswara Rao Gudapati Counsel for the Respondents: Sri C V R Rudra Prasad ' I The Court made the following Judgment: APHC010608872004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO FIRST APPEAL NO: 2828/2004 Between: C.soma Sankara Prasad (died) and Others AND ...APPELLANT(S) ...RESPONDENT(S) C Srinivas and Others Counsel for the Appellant(S): 1 .VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1. C V R RUDRA PRASAD The Court made the following: 2 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO APPEAL SUIT No.2828 of 2004 JUDGMENT: When the matter is taken up for hearing, learned counsel for the appellants submits that the appellant had passed away during the pendency of the suit, and the 2'^^ appellant had also died. He further submits that there were no instructions from his clients, and the same may be recorded. 2. Learned counsel for the respondents is present. 3. Recording the submissions made by learned counsel for the appellants, the present Appeal Suit is dismissed as abated. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K TATA RAO DEPUTY I^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Senior Civil Judge Rajahmundry, East Godavari District. (With Records) 2. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC] 3. One CC to Sri C V R Rudra Prasad, Advocate [OPUC] 4. Three CD Copies 5. The Section Officer, V.R. Section, High Court of A.P. at Amaravathi. YM(gsg) •»* HIGH COURT DATED: 05/05/2025 ORDER AS.No.2828 of 2004 THE APPEAL SUIT IS DISMISSED AS ABATED