APHC010740452017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 652/2017 Between: 1.C VARADIAH, (DIED| CHITTOOR DIST AND 3 OTHERS, C.DHANAMMA,W/O LATE C.VARADAIAH, HINDU, AGED ABOUT 70 YEARS; 2.C.MUNICHANDRAIAH,, S/O LATE C.VARADAIAH, HINDU, AGED ABOUT 49 YEARS; 3.C.MUNIKRISHNAIAH,, S/O LATE C.VARADAIAH, HINDU, AGED ABOUT 35 YEARS; 1 TO 3 ARE AGRICULTURISTS, RESIDING AT ITHEPALLI VILLAGE AND POST, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT 4.S.MUNIRAJMMA,, W/O KANNAIAH, HINDU, AGED ABOUT 38 YEARS, HOUSE WIFE, KARVETI NAGARAM, KARVETINAGARAM MANDAL, CHITTOOR DISTRICT. ...APPELLANT(S) AND 1.PADIRI SOMASEKHAR REDDY CHITTOOR DIST 2 OTHERS, S/O P.KRISHNA REDDY, CUTIVATION, AGED ABOUT 40 YEARS, RESIDING AT ITHEPALLI, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT 2.SHAIK DASTHAGIRI SAHEB, S/O SHAIK HUSSAIN SAHEB, MUSLIM, AGED ABOUT 72 YEARS, RESIDING AT ITHEPALLI, CHANDRAGIRI MANDAL, CHITTORO DISTRICT. 3.SHAIK ALLABAKSHU, S/O SHAIK DASTHAGIRI SAHEB, MUSLIM, AGED ABOUT 42 YEARS, WORKING AS GANGMAN, SOUTH CENTRAL RAILWAY, RENIGUNTA MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Appeal under section ___________ against ordersagainst the decree and judgement, dt:06.02.2017 made in A.S.No.10/2000 on the file of VI Additional District Judge, Tirupati confirming the judgement and decree, dt:03.12.1999 on the file of I Additional Junior Civil Judge, Tirupati in O.S.No.494/ 1992, IA NO: 1 OF 2017(SAMP 1376 OF 2017 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 89 days in resubmitting the SA.SR.No. 10903 of 2017 in the interest of justice and pass IA NO: 2 OF 2017(SAMP 1377 OF 2017 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 pleased to stay all further proceedings in AS.No.10/2000 on the file of VI Additional District Judge, Tirupati, Dt: 06.02.2017 confirming the judgment and decree dt.03.12.1999 in OS.No.494/ 1992 on the file of I Additioal Junior Civil Judge, Tirupati till the disposal of the second appeal and grant an interim stay to the like effect, and pass Counsel for the Appellant(S): 1.M DORAI RAJ 2.SAI AKASH N Counsel for the Respondent(S): 1.O UDAYA KUMAR The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO SECOND APPEAL No.652 of 2017 JUDGMENT: When the matter was listed on an earlier occasion, i.e. on 19.11.2025, learned counsel for the appellants submitted that appellant Nos.1 & 4 had passed away during the pendency of the appeal and he intended to bring the legal representatives of the deceased appellant Nos.1 & 4 on record and requested time. At his request, the appeal was adjourned. Again, on 31.01.2026, the learned counsel for the appellants seeks further time. 2. Today, when the matter is taken up for hearing, learned counsel for the appellants submitted that the parties have taken away the ”No Objection Certificate” from him. 3. None appeared for appellant Nos.2 & 3 and no steps have been taken for the appellant Nos.1 & 4. 4. Therefore, the Second Appeal is dismissed for default. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. ______________________________ JUSTICE V.GOPALA KRISHNA RAO Date.06.02.2026 CVD