APHC010059972020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL No.298 of 2023 Appeal under Order 43 Rule 1 of CPC, aggrieved by the Judgment, dated 19.08.2019 made in A.S No. 251 of 2010 on the file of the Hon’ble XI Additional District and Sessions Judge, Krishna, Gudivada against the Judgment and Decree, dated 08.02.2008 made in O.S No. 38 of 2000 on the file of the Court of the XI Additional Senior Civil Judge (Fast Track Court) at Gudivada, Krishna District. Between: 1. Muktineni Kasturi, (died) 2. Atiuri Damayanthi, W/o Sitaramayya, Hindu, Aged 60 years, Occ: Housewife, R/o Paidikondalapalem Village, Pamidimukkala Mandal. 3. Kolli Venkata Lakshmi, W/o Atchuta Rao, Aged 58 years, Occ; Housewife, R/o Gudavalli Village, Vijayawada Rural Mandal. (Appellant Nos. 2 and 3 herein are added as L.Rs of the deceased 1®' Appellant as per the orders in I.A.No.1198/2016, dated 16.02.2018) ...Appellants/Respondents/Plaintiff AND % Muktineni Venkata Nagabhushanam, S/o Late Venkata Subba Rao, Aged about 52 years, Occ: Employee, R/o H.P. Colony, Aswapuram, Khammam District. ...Respondent/Appellant/Defendant lA NO: 2 OF 2020 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance the Judgment & Decree, dated 19.08.2019 made in A.S No.251 of 2010 on file of the Court of the XI Additional District & Sessions Judge, Krishna, Gudivada filed Judgment and Decree, dated 08.02.2008 in O.S. No. 38 of 2000 on the file of the Court of the Additional Senior Civil Judge (Fast Track Court), at Gudivada, pending disposal of the above Second Appeal. lA NO: 1 OF 2022 against Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in O.S. No.20/2020 on the file of the Senior Civil Judge, Gannavaram, pending the disposal of the SA appeal before this Honourable Court. Counsel for the Appellants : Sri Samboju Bala Gopal (no representation) Counsel for the Respondent : Sri Ghantasala Udaya Bhaskar (no representation) The Court made the following Judgment: APHC010059972020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 298/2023 Between: 1.MUKTINENI KASTURI, (DIED) W/0 SITARAMAYYA, HINDU, AGED 60 YEARS, OCC- HOUSEWIFE, R/0 PAIDIKONDALAPALEM VILLAGE, PAMIDIMUKKALA MANDAL. 2.ATLURI DAMAYANTHI 3.KOLLI VENKATA LAKSHMI,, W/0 ATCHUTA RAO, AGED 58 YEARS, OCC- HOUSEWIFE, R/0 GUDAVALLI VILLAGE, VIJAYAWADA RURAL MANDAL. (APPELLANT NO. 2 AND 3 HEREIN ARE ADDED AS L.RS OF THE DECEASED 1ST APPELLANT AS PER THE ORDERS IN I.A.NO. 1198/2016, DATED 16.02.2018) ...APPELLANT(S) AND 1.MUKTINENI VENKATA NAGABHUSHANAM, S/o Late Venkata Subba Rao, Aged about 52 years, Occ- Employee, R/o H.P. Colony, Aswapuram, Khammam District ...RESPONDENT Appeal Under Section against orders Memorandum of Grounds of Second Appeal aggrieved by the Judgment, dated 19.08.2019 made in A.S No. 251 of 2010 on the file of the Hon'ble XI Additional District and Sessions Judge Krishna, Gudivada against the Judgment and Decree, dated 08.02.2008 made in O.S No. 38 of 2000 on the file of the Court of the Hon'ble Addl. Senior Civil Judge ( Fast Track Court) at Gudivada lA NO; 1 OF 2020 2 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 85 days in filing the above appeal and pass lA NO: 2 OF 2020 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 stay all further proceedings in pursuance the Judgment & Decree, dated 19.08.2019 made in A.S No.251 of 2010 on file of the Court of the XI Additional District & Sessions Judge, Krishna, Gudivada filed against Judgment and Decree, dated 08.02.2008 in O.S. No. 38 of 2000 on the file of the Court of the Additional Senior Civil Judge (Fast Track Court), at Gudivada, pending disposal of the above Second Appeal and pass lA NO: 1 OF 2022 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 stay of all further proceedings in O.S. No. 20/2020 on the file of the Honourable Senior Civil Judge, Gannavaram, pending the disposal of the SA appeal before this Honourable Court and pass. lA NO: 1 OF 2023 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 permit them to convert the SA.No.182 of 2020 as Civil Miscellaneous Appeal and to prosecute the same and pass Counsel for the Appellant(S): 1.SAMBOJU BALA GOPAL Counsel for the Respondent: 1.GHANTASALA UDAYA BHASKAR The Court made the following: % 3 i THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 298/2023 JUDGMENT: None appears for the appellant and the respondent. Even on earlier occasion on 19.08.2025, there \A/as no representation 2. for the appellant. It shows that the appellant is not interested in prosecuting the case. In view of the same, the Civil Miscellaneous Appeal stands dismissed 3. for non-prosecution. Interim orders, if any, deemed to have been vacated. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/-E. KAMESWARA RAO JOINT R^^TRAR //TRUE COPY// SECTION OFFICER To 1. The XI Additional District and Sessions Judge, Gudivada, Krishna District, (with records if any) 2. The Additional Civil Judge (Senior Division), (Fast Track Court) at Gudivada, Krishna District. 3. One CC to Sri Samboju Bala Gopal, Advocate [OPUC] 4. One CC to Sri Ghantasala Udaya Bhaskar, Advocate [OPUC] 5. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 6. Two CD Copies TK sree HIGH COURT DATED:09/09/2025 JUDGMENT CMA No.298 of 2023 1% DISMISSING THE C.M.A. FOR NON-PROSECUTION WITHOUT COSTS