1 (RNT,J & MRK,J C.M.A. NO.827 OF 2011) APHC010054052011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 827/2011 Between: 1. SMT P. VARALAKSHAMI @ MANDIPUDI VARALAKSHMI, W/O. PANDURANGA RAO HOUSEWIFE R/O. VADLAMURU VILLAGE, PEDDAPURAM MANDAL, EAST GODAVARI DISTRICT. ...APPELLANT AND 1. MANDIPUDI PANDURANGA RAO, S/o. Chalamayya G.Ragampeta, Peddapuram Mandal ...RESPONDENT Appeal Under Section_____against ordersto set aside the order dated 20.04.2011 in OP.No.178/2009 on the file of the Hon'ble III Addl. Senior Civil Judge, Kakinada IA NO: 1 OF 2011(CMAMP 1516 OF 2011 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 pursuant to order dated 20.04.2011 in EP.No. 178/2009 passed by the learned III Addl. Senior Civil Judge, Kakinada pending disposal of the above appeal 2 (RNT,J & MRK,J C.M.A. NO.827 OF 2011) Counsel for the Appellant: 1. K B RAMANNA DORA Counsel for the Respondent: 1. E V V S RAVI KUMAR The Court made the following: JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) This Civil Miscellaneous Appeal has been filed by the appellant/wife, challenging the order and decree dated 20.04.2011 passed in O.P.No.178 of 2009 on the file of the learned III Additional Senior Civil Judge, Kakinada, whereby the respondent/husband’s petition seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (in short the ‘Act’) was allowed. 2. The matter was referred to the Mediation Centre, and the parties appeared before the Mediation Centre, which has submitted the report. 3. During the pendency of the appeal, the respondent/husband filed O.P.No.16 of 2013 seeking divorce under Section 13(1)(ia) and (ii) of the Act, which was granted on 01.03.2013 by the learned III Additional Senior Civil Judge, Kakinada. 4. A copy of the order dated 01.03.2013 has been annexed with the Mediator’s report. 3 (RNT,J & MRK,J C.M.A. NO.827 OF 2011) 5. On 18.12.2025, this Court directed the parties to appear personally. 6. The appellant-Smt. P.Varalakshmi @ Mandipudi Varalakshmi is present along with her counsel Sri Ch.Venkata Challa Rao, learned counsel representing Sri K.B.Ramanna Dora, learned counsel for the appellant. 7. The respondent-Mandipudi Panduranga Rao is present in-person. 8. They submit that divorce was granted as per the order dated 01.03.2013 passed in O.P.No.16 of 2013 by the learned III Additional Senior Civil Judge, Kakinada. 9. Recording the same, and in view thereof, the present appeal filed for restitution of conjugal rights has been rendered infructuous. 10. The Civil Miscellaneous Appeal is dismissed as infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 20.01.2026. RPD. 4 (RNT,J & MRK,J C.M.A. NO.827 OF 2011) 135 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED AS INFRUCTUOUS) CIVIL MISCELLANEOUS APPEAL NO: 827 OF 2011 Date: 20.01.2026 RPD.