APHC010338642009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] THURSDAY,THE TWENTY NINETH 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: 385/2009 Between: 1. DHANEKULA NAGENDRAMMA, DIED PER LRS APPELLANTS 2 TO 5, W/O. LATE ROSAIAH HOUSEHOLD R/O. YENAMALAKUDURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA RURAL, KRISHNA DIST. 2. CH. RAMAKRISHNA, S/O. VENKAT RAO 3. CH. SRI LAKSHMI, W/O. SRINIVAS 4. CH. SURESH CHANDRA PRASAD 21, S/O. SRINIVAS 5. CH. SRI SINDHU,, D/O. SRINIVAS APPELLANTS 2 TO 5 ARE R/O. 7- 82, THAKKELLAPADU VILLAGE, PEDDAKAKANI MANDAL, GUNTUR DISTRICT. APPELLANTAS 2 TO 5 ARE BROUOGHT ON RECORD AS LRS OF DECEASED SOLE APPELLANT AS PER THE HON'BLE C.O.DT:10-12-14 MADE IN ASMP-427/14. ...APPELLANT(S) AND 1. DHANEKULA SATYANARAYANA VIJAYAWADA 20 OTHERS KRISHNA DT, S/O. LATE NAGAIAH PROPERTIES R/O. D.NO. 54- 14/15-1, K.S.R.NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 2. DHANEKULA LAXMI SAMRAJYAM, W/O LATE SAMBASIVA RAO HOUSE WIFE R/O D.NO. 59-17-24-A NALLURI SEETHARAMAIAN NAGAR PATAMATA, VIJAYAWADA, KRISHNA DISTRICT 3. DHANEKULA VENKATESWARA RAO, S/O LATE SAMBASIVA RAO R/O D.NO. 59-17-24-A NALLURI SEETHARAMAIAH NAGAR PATAMATA, VIJAYAWADA, KRISHNA DISTRICT 2 4. DHANEKULA SURESH, S/O LATE SAMBASIVA RAO R/O D.NO. 59- 17-24-A NALLURI SEETHARAMAIAH NAGAR PATAMATA, VIJAYAWADA, KRISHNA DISTRICT 5. GARIMELLA MADHAVI LATHA, W/O GANGADHARARAO C/O DHANEKULA LAXMI SAMRAJYAM R/O D.NO. 59-17-24-A, NALLURI SEETHARAMAIAH NAGAR PATAMATA, VIJAYAWADA,KRISHNA DISTRICT 6. DHANEKULA VIJAYA LAKSHMI, W/O LATE SUBBA RAO R/O YENAMALAKUDURU VILLAGE PENAMALURU MANDAL VIJAYAWADA RURAL, KRISHNA DISTRICT 7. CHALASANI RATNA KUMARI, W/O RAMA KRISHNA HOUSEWIFE R/O RTC COLONY, PATAMATA VIJAYAWADA,KRISHNA DISTRICT 8. DHANEKULA NARENDRA, S/O LATE SUBBA RAO R/O YENAMALAKUDURU VILLAGE PENAMALURU MANDAL VIJAYAWADA RURAL, KRISHNA DISTRICT 9. DHANEKULA ADI NARAYANA, S/O LATE NAGAIAH R/O YENAMALAKUDURU VILLAGE PENAMALURU MANDAL VIJAYAWADA RURAL, KRISHNA DISTRICT 10. ATHOTA SAKUNTALA, W/O VENKATA SUBBAIAH (LATE) R/O THAKKALAPADU VILLAGE PEDAKAKANI MANDAL GUNTUR DISTRICT 11. CHIGURUPATI VENKAT RAO, S/O KALIDASU R/O THAKKALAPADU VILLAGE PEDAKAKANI MANDAL, GUNTUR DISTRICT 12. CHIGURUPATI NAGESWARA RAO, S/O KALIDASU R/O THAKKALAPADU VILLAGE PEDAKAKANI MANDAL, GUNTUR DISTRICT 13. THOTAKURA SAMRAJYAM, W/O KRISHNA D.NO. 28-2-98 R/O HYDERABAD 14. CHERUKURUTARAMMA TARA, W/O GOPALA KRISHNA R/O YENAMALUDURU VILLAGE PENAMALURU MANDAL, VIJAYAWADA RURAL KRISHHNA DISTRICT 15. VEMULAPALLI PARVATHI, W/O SANKARA RAO R/O HYDERABAD 16. MUPPAVARAPU SAMBASIVA RAO, S/O SUBBA RAO R/O J.D.NAGAR, VIJAYAWADA-6 17. MEDASANI VENKATESWARA RAO, S/O VENKATA RATHNAM PROPERTIES R/O TADIGADAPA VILLAGE, PENAMALURU 3 MANDAL, KRISHNA DISTRICT 18. MEDASANI KOTESWARA RAO, S/O VENKAT RATHNAM PROPERTIES R/O TADIGADAPA VILLAGE' PENAMALURU MANDAL, KRISHNA DISTRICT 19. MOVVA SAMRAJYAM, W/O LATE SUBBA RAO R/O TADIGADAPA VILLAGE PENAMALURU MANDAL, KRISHNA DISTRICT 20. MOKKAPATI KOTESWARAMMA, W/O SESHAIAH R/O TADIGADAPA VILLAGE PENAMALURU MANDAL, KRISHNA DISTRICT 21. CHERUKURI NAGENDRA, S/O GOPALA KRISHNA R/O YENAMALAKUDURU VILLAGE PENAMALURU MANDAL VIJAYAWADA RURAL, KRISHNA DISTRICT ...RESPONDENT(S): aggrieved by the Judgment and Decree dated 26-03-2009, passed by the II Additional District Judge, Vijayawada in O.S.No. 36 of 2002. Counsel for the Appellant(S): 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. AMBADIPUDI SATYANARAYANA 2. - 3. PILLIX LAW FIRM 4. VL N G K MURTHY JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) On 10.03.2025, the following order was passed:- “At request of learned counsel for the appellants, list the matter after two (2) weeks in the weekly cause list. 2. No further adjournment shall be entertained, as the matter pertains to the year 2009. 3. Name of Sri P.Prabhakar Rao, learned counsel for respondent Nos.1 to 4 and 6 to 9 shall not be printed in the cause list, as requested.” 4 2. Again on 16.04.2025, at the request of the learned counsel for the appellants, the matter was directed to be listed after two weeks. The order dated 16.04.2025 reads as under:- “At the request of learned counsel for the appellant, post the matter after two (02) weeks in the weekly cause list.” 3. The matter has been listed today and request was being made for adjournment. In spite of the opportunity being granted, Sri B. Subrahmanya Kumar, learned counsel appearing for the appellants’ counsel, did not advance arguments and repeatedly requested only to pass over the matter. We passed over the matter. Again, in the revised call also, the arguments have not been advanced by the learned counsel and only request made is to adjourn. 4. We find no sufficient reason to grant adjournment. Adjournment is not to be granted on mere asking and particularly in the old matter where previously sufficient opportunity has been granted. The request for adjournment is rejected. 5. Since the arguments not advanced, the appeal is dismissed for want of prosecution. 6. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ___________________ RAVI NATH TILHARI, J _____________________________ MAHESWARA RAO KUNCHEAM, J GVK 5 77 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM A.S. No.385 of 2009 Dt. 29.01.2026 GVK