APHC010519112008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 859/2008 Between: 1. THE STATE OF A.P.,, REP BY DISTRICT COLLECTOR, KRISHNA, MACHILIPATNAM. 2. THE S.E. IRRIGATION CIRCLE, VIJAYAWADA., REP BY DISTRICT COLLECTOR, KRISHNA, MACHILIPATNAM. 3. THE E.E. DRAINAGE DIVISION, APHMCCERP,, GUDIVADA, KRISHNA DISTRICT. ...APPELLANT(S) AND 1. M/S RAO RAO ENGINEERING WORKS BENZ CIRCLE VIJAYAWADA, Rep by its Prop: K.Venkata Ratnam, S/o. Venkaiah, Hindu R/o. Tripura Complex, Vijayawada. ...RESPONDENT - IA NO: 1 OF 2008(ASMP 2472 OF 2008 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 129 days in representing the above appeal and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2010(ASMP 470 OF 2010 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 pursuance of the judgment and decree passed in O.S.No. 81 of 2002, dated 31-12-2007 on the file of VIII Additional District and Sessions Judge, at Vijayawada, including execution proceedings in E.P.No. 27 of 2009, on the file of the II Additional District Judge, Vijayawada, pending disposal of the appeal. RNT, J & BM, J AS.No.859 of 2008 2 IA NO: 2 OF 2010(ASMP 1013 OF 2010 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 extend the time granted on 25/03/2010 by eight more weeks as passed in ASMP.No. 470 of 2010 in AS.No. 859 of 2008 IA NO: 1 OF 2011(ASMP 45 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 extend the time granted on 10-6-2010 by eight more weeks as passed in ASMP NO. 1013/2010 in AS No. 859/2008 IA NO: 2 OF 2011(ASMP 46 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 recall the order date 10-6-2010 in ASMP No. 1013/2010 in AS No. 859/2008 IA NO: 1 OF 2025 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 may be pleased to set aside the dismissal order dated.19.08.2025 passed in A.S.No.859 of 2008 and restore the A.S.No.859 of 2008 in the interest of justice and pass IA NO: 2 OF 2025 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 may be pleased to dispense with the filing of certified copy of dismissal order dated. 19.08.2025 passed in A.S.No.859 of 2008 and pass IA NO: 3 OF 2025 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 may be pleased to allow the present application by permitting the petitioner/appellant to bring the Agreement No.37 SE/91-92 dated 25.07.1991 as additional documents in IA1/2025 in A.S.No.859 of 2008 on the file of this Hon’ble Court and pass Counsel for the Appellant(S): 1. GP FOR APPEALS 2. THE ADVOCATE GENERAL Counsel for the Respondent: 1. 2. P PRABHAKAR RAO The Court made the following: RNT, J & BM, J AS.No.859 of 2008 3 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 859 of 2008 JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) On 24.02.2026, the following order was passed: I.A.No.1 of 2025 This application has been filed by the applicant/ appellant No.3 seeking to set aside the dismissal order of the appeal for non-prosecution dated 19.08.2025. The application has been filed in time. 2. This Court has perused the reasons stated for the absence on the date when the appeal was dismissed for want of prosecution, in particular, Para No.3 of the affidavit. 3. Learned counsel for the respondent submits that the counter has been filed. He also submits that the order of dismissal for non prosecution itself shows that the appellants had taken so many adjournments and in spite thereof, the appeal was not being argued. 4. This Court finds that as per the docket orders, on many occasions, the adjournments were taken and the opportunity was granted to the appellants. On 19.08.2025, none appeared for the appellants and the appeal was dismissed for non prosecution. 5. Having considered the cause in para No.3 of the affidavit, as the same is sufficient to condone the cause, the application is allowed and the order of dismissal for non prosecution is set aside. I.A.No.2 of 2025 This application has been filed seeking to dispense with filing of certified copy of dismissal order dated 19.08.2025 passed in A.S.No.859 of 2008. 2. For the reasons stated in the affidavit, this application is allowed. I.A.No.3 of 2025 This application has been filed by the petitioners/ appellants to permit them to bring additional documents. 2. Learned counsel for respondent prays for time to file objections. A.S.No.859 of 2008 Learned counsel for the appellants submits that paper book has already been filed and the appeal be heard finally. 2. List on 10.03.2026. RNT, J & BM, J AS.No.859 of 2008 4 2. On 19.08.2025, the appeal was dismissed for non- prosecution. I.A.No.1 of 2025 was filed and on the said application, the order dated 19.08.2025 was recalled. Again, there is no appearance for the appellants. 3. In view of the aforesaid, 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 ____________________ BALAJI MEDAMALLI,J Dated: 10.03.2026 SJ RNT, J & BM, J AS.No.859 of 2008 5 287 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 859 of 2008 Dated: 10.03.2026 SJ