IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE V GOPALA KRISHNA RAO
APPEAL SUIT No.4014 of 2003
Appeal filed under Section 96 of C.P.C, against the
Judgment and
Decree dated 5-9-2003 passed in OS No. 152 of 1992
on the file of the
Additional Senior Civil Judge, Guntur, Guntur District.
Between:
Canara Bank, Guntur having their office at Hindu College
High School
Compound, represented by its Senior Branch Manager,
Guntur, Andhra
Pradesh.
...APPELLANT
AND
1. Ch. Rama Mohan Rao, S/o. Malakondaiah, Occ: Municipal
Councellor &
Business, R/o. Nehru Nagar II Lane, Guntur.
2. M/s. Vijay Engineering Corporation, Guntur, represented
by its Manager
Partner, A.Ganesan S/o. Armugam, R/o. D.No. 56-3-15,
Patamata,
Vijayawada-6.
3. T.Anjaiah, S/o. Venkaiah, R/o. D.No. 33-22-1/1, Mogalrajapuram
Road,
Vijayawada, within the Jurisdiction of Vijayawada D.M.C.
(R-3 dismissed for default vide C.O. dated 15.02.2011)
4. Killari Venkata Rosaiah, S/o. Late Killari Koteswara
Rao, R/o. D.No.3-
29-68, Ramanujakutam, Krishna Nagar, Guntur.
J
\
5. Killari Sita Ravamma, S/o. late killaari Koteswara Rao, R/o. D.No.3-29-
68, Ramanujakutam, Krishna Nagar, Guntur.
6. A. Ganesan, S/o. Armugam, R/o. D.No. 56-3-15, Patamata
Vijayawada-6.
...RESPONDENTS
I.A. NO: 1 OF 2003(CMP. NO: 30126 OF 2003)
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 the operation of the Judgment and decree in OS No. 152/92
on the file of the Additional Senior Civil Judge, Guntur dated 5-9-2003 during
the pendency of the Appeal.
Counsel for the Appellant : SRI DEEPAK BHATTACHARJEE
Counsel for Respondent No.1 : SRI T P SARMA
Counsel for Respondent Nos.4 & 5 : SRI P PRABHAKAR RAO
Counsel for Respondent Nos.2, 3 & 6: NONE APPEARED
The Court made the following JUDGMENT :
THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO
APPEAL SUIT No.4014 of 2003
JUDGMENT:
1. When the matter was listed on the last two occasions
i.e., on
28.11.2024 and 30.12.2024, there was no representation
on behalf
of the appellant and the same was posted to 31.12.2024,
under the
caption ‘For Dismissal’.
2. Today when the matter is taken up for hearing, there
is no
representation on either side, even though the matter
is listed under
the caption ‘For Dismissal’. It seems that the appellant
is not
inclined to prosecute the appeal.
3. Therefore, the Appeal Suit is dismissed for non-prosecution.
There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending,
shall
stand closed.
SD/- K.TATARAO
DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
Guntur District
The Additional Civil Judge (Senior Division), Guntur,
1
(with records if any)
w
2. One CC to Sri Deepak Bhattacharjee, Advocate [OPUC]
3. One CC to Sri T P Sarma, Advocate [OPUC]
4. One CC to Sri P Prabhakar Rao, Advocate [OPUC]
5. The Section Officer, VR Section, High Court of Andhra Pradesh at
Amaravathi. (to dispatch the trial court records)
6. Three CD Copies
TK
TAG
HIGH COURT
DATED:31/12/2024
JUDGMENT
AS.No.4014 of 2003
S 19 mar 2025 ov
Pit:
^ ^ Current Section
DISMISSING THE APPEAL SUIT FOR NON
PROSECUTION