APHC010027552017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 1005/2017 Between: 1. P.V. RADHA KRISHNA, S/O.CHALAPATHI, AGED ABOUT :47 YEARS, R/O. D.NO.4-673, AMBARI STREET, OLD TOWN, ANANTAPURAMU, ANANTAPURAMU DISTRICT. ...APPELLANT AND 1. THE ASSISTANT COMMISSIONER ANOTHER, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 2. THE EXECUTIVE OFFICER, SRI LAKSHMI CHENNA KESAVA SWAMY TEMPLE,_ ANANTAPURAMU, ANANTAPURAMU DISTRICT. ...RESPONDENT(S): Appeal Under Section_____against ordersaggrieved by the Decree and Order dt. 07.02.2017 passed in 0.A.No. 991 of 2010 (Old No. 76 / 2007) on the file of A.P. Endowments Tribunal at Pedakakani. It is submitted that though the OA was disposed of on 07-02-2017 till date the copy of the order was not communicated to the appellant, however the appellant collected the Xerox copy of the order copy on 02-06-2017 from one R.Chendra Rayudu who filed CMA No. 365 of 2017. 2 IA NO: 1 OF 2017(CMAMP 1709 OF 2017 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 dispense with from filing the certified copy of the Decree and Order dt. 7-2-2017 passed in OA No. 991 of 2010(old No. 76/2007) on the file of A.P. Endowments Tribunal at Pedakakani as well as Xeroc Copy ofthe Decree also and pass IA NO: 2 OF 2017(CMAMP 1710 OF 2017 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 127 days in filing the above CMA against OA NO. 991/2010 (Old NO. 76/2007) on the file of A.P. Endowments Tribunal at Pedakakani and pass IA NO: 3 OF 2017(CMAMP 1711 OF 2017 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 suspend the operation of the Decree and Order dt. 7-2-2017 passed in OA No. 991/2010 (old No. 76/2007) on the file of A.P. Endowments Tribunal at Pedakakani Pending disposal of the above CMA of the appeal and pass IA NO: 1 OF 2018 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 vacate the interim order dt. 15/09/2017 in CMA MP No. 1711 of 2017 in CMA.No. 1005 of 2017 as devoid of merits and pass Counsel for the Appellant: 1. S D GOWD 3 Counsel for the Respondent(S): 1. . 2. A SREEKANTH REDDY(SC FOR ENDOW RS) 4 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.No.2 of 2017 IN/AND CIVIL MISCELLANEOUS APPEAL NO: 1005/2017 JUDGMENT: Since learned counsel appearing for appellant passed away, this Court, by order dated 22.07.2025, directed the Registry to issue notice to the appellant. 2. As per the office report furnished, notice on sole appellant returned unserved with endorsement “Insufficient address”. As notice has been issued on the correct address as shown in the cause title of memorandum of appeal, service is deemed to be sufficient. 3. As there is no representation for appellant despite service of notice, it is evident that the appellant is not interested in pursuing the appeal. In view of the same, I.A.No.2 of 2017, which is filed seeking to condone the delay of 127 days in filing the appeal and the Civil Miscellaneous Appeal are dismissed for non-prosecution. There shall be no order as to costs. 5 As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 16.09.2025 ANS 6 184 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 1005/2017 Date: 16.09.2025 ANS