APHC010201762009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NO: 342/2009 Between: 1. AVATYA VENKATA LAXMANA DAS, S/O. SINGARAJU R/O. R.R.PET,NEAR SANKARA MATHAM, ELURU, WEST GODAVARI DISTRICT. ...APPELLANT AND 1. JALLIPALLI SUBRAHAMANYAM, S/O. SRIMANARAYANA BUSINESS/PROPERTIES R/O. PATHJEBAD, ELURU, WEST GODAVARI DISTRICT. 2. BALIJEPALLI RAJENDRA PRASAD, S/O. GOPALARAO R/O. NARASIMHARAOPETA, ELURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): to allow the appeal by setting aside the impugned judgment and decree. IA NO: 1 OF 2009(ASMP 75 OF 2009 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 312 days in preferring the appeal against the judgment and decree dated 20-7-2007 made in O.S.No. 62/2006 on the file of the Court of the Principal District Judge, West Godavari District. IA NO: 2 OF 2009(ASMP 76 OF 2009 2 (RNT,J & MRK,J A.S. NO.342 OF 2009) 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 130 days in representation of the file relating of Appeal against the judment and decree dated 20-7-2007 made in O.S.No. 62/2006 on the file of the Court of the Principal District Judge, West Godavari District. IA NO: 3 OF 2009(ASMP 98 OF 2009 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, including execution, pursuant to the judgment and decree dated 20-7-2007 made in O.S.No. 62 of 2006 on the file of the Court of the Principal District Judge, West Godavari District at Eluru, pending disposal of the above appeal. IA NO: 7 OF 2009(ASMP 815 OF 2009 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 interim stay granted in A.S.M.P.No. 98 of 2009 in ASSR. No. 9135 of 2008, dated 27-1-2009. IA NO: 1 OF 2015(ASMP 329 OF 2015 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 E.P.No. 141 of 2007 in O.S.No. 62 of 2006 on the file of the court of the II Additional District Judge, Eluru, West Godavari pending disposal of the above appeal and to pass Counsel for the Appellant: 1. D HANUMANTHA RAO 2. M V SURESH Counsel for the Respondent(S): 1. V V L N SARMA The Court made the following: 3 (RNT,J & MRK,J A.S. NO.342 OF 2009) JUDGMENT:-(per Hon’ble Sri Justice Ravi Nath Tilhari) The appeal has been filed by the appellant, who was the 1st defendant in the suit filed for recovery of money, which was allowed by order dated 20.07.2007 passed in O.S.No,62 of 2006 on the file of the Principal District Judge, Eluru at West Godavari District. 2. The appeal is instituted in the year 2009. Though the appeal is listed under the caption of 8old matters9, today also, there is no representation for the appellant. 3. The Appeal Suit is dismissed for want of prosecution. 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 : 28.01.2026. RPD/PBS. 4 (RNT,J & MRK,J A.S. NO.342 OF 2009) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED FOR NON- PROSECUTION) APPEAL SUIT NO: 342 OF 2009 Date: 28.01.2026 RPD/PBS.