Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010660972009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA APPEAL SUIT NO: 605/2009 Between: 1. M/S. K.A.B.PULTRY BREEDING FARMS & HATCHERIES, MYLAVARAM, A PARTNERSHIP FIRM, REP.BY ITS MANAGING PARTNER KHAJA ASADULLAH BAIG, S/O.SHAH NOOR HAMAMI, AGED ABOUT 66 YEARS, OCC: BUSINESS, R/O. D.NO. 32-29-6, COCA COLA STREET, MARUTHI NAGAR, VIJAYAWADA. 2. KHAJA ASADULLAH BAIG, S/O. SHAH NOOR HAMAMI BUSINESS R/O. D.NO. 32-29-6, COCA COLA STREET, MAUTHI NAGAR, VIJAYAWADA. ...APPELLANT(S) AND 1. STATE BANK OF INDIA, Imbrahimpatnam Branch, Ibrahimpatnam, Krishna District. Represented by tis Branch Manager. ...RESPONDENT to allow this Appeal by setting-a-side the judgment and decree dated 17- 06-2009 in O.S.No. 37 of 2002 on the file of the 2nd Additional District Judge, Krishna District, at Vijayawada and pass such other and futher order or orders as are deemed fit and proper in the circumstances of the case and in the interest of justice. 2 IA NO: 1 OF 2009(ASMP 1849 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 EXPEDITE the hearing of the above appeal and pass such other and further order or orders as are deemed fit and proper in the circumstances of the case and in the interest of justice. Counsel for the Appellant(S): 1. RESU MAHENDER REDDY Counsel for the Respondent: 1. P RAJKUMAR 2. DEEPAK BHATTACHARJEE The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA APPEAL SUIT NO: 605/2009 ORDER: Learned counsel for the appellant submits that the appellant has not been diligent in prosecuting the appeal. It is further submitted that a letter was addressed to the appellant informing them about the matter; however, there has been no response and the appellant has not come forward to prosecute the appeal. The said letter, along with a memo, is placed on record. Recording the above submission and in the absence of any representation or diligence on the part of the appellant in prosecuting the appeal, the Appeal Suit is dismissed for default. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.07.2026 KA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA APPEAL SUIT NO: 605/2009 Date: 03.07.2026 KA