APHC010640592008 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: 525/2008 Between: 1. M/S. EMPEE SUGARS & CHEMICALS LTD, NAIDUPET (M), NELLORE,, REP BY ITS ASISTANT GENERAL MANAGER (P & A) HAVING ITS FACTORY AND OFFICE AT: AYYAPAREDDYPALEM, NAIDUPET MANDAL, NELLORE DISTRICT. ...APPELLANT AND 1. M/S THE KOVUR COOPERATIVE SUGAR FACTORY LTD NELLORE, Rep by its Managing Director, Having its Office at: Pothireddypalem Village, Kovur Mandal, Nellore District. ...RESPONDENT to set aside the judgment and decree dated 4-2-2008 in O.S. No. 23 of 2001 passed by the Principal District Judge, Nellore and decree the counter claim of the appellant / defendant with cost and pass IA NO: 1 OF 2008(ASMP 1962 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 suspend the operation of the Judgment and decree dated 4.2.2008 passed by Principal District Judge at Nellore in O.S.No.23 of 2001 Counsel for the Appellant: 1. ELEVATED AS JUDGE 2 (RNT,J & MRK,J A.S. NO.525 OF 2008) Counsel for the Respondent: 1. S V MUNI REDDY 2. The Court made the following: 3 (RNT,J & MRK,J A.S. NO.525 OF 2008) JUDGMENT:-(per Hon’ble Sri Justice Ravi Nath Tilhari) On 16.04.2025, the following order was passed : “1. On 18.03.2025, the following order was passed: “Issue notice to the appellant in view of the elevation of the appellants counsel. List after four weeks in the weekly list.” 2. Office to submit report with respect to the sending of notice to the appellant as also its service. 3. Post the matter after two (02) weeks in the weekly cause list.” 2. As per the office report, the notice sent to the sole appellant was unserved as “factory closed.” 3. In view thereof, 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.525 OF 2008) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED FOR NON- PROSECUTION) APPEAL SUIT NO: 525 OF 2008 Date: 28.01.2026 RPD/PBS.