Andhra Pradesh High Court

SA/702/2026 of Pallemsetty Venkata Subbaiah Vs Gosula Lakshmi Narayanamma on 15 September 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO SECOND APPEAL NO: 702/2026 Between: 1. PALLEMSETTY VENKATA SUBBAIAH, S/O. LATE PEDDAIAH, AGED ABOUT 68 YEARS, R/O.

APHC010080792026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

SECOND APPEAL NO: 702/2026

Between:

1. PALLEMSETTY VENKATA SUBBAIAH, S/O. LATE PEDDAIAH, AGED

ABOUT 68 YEARS, R/O. OLD POST OFFICE STREET, BADVEL

TOWN AND MUNICIPALITY, YSR (KADAPA) DISTRICT

...APPELLANT

AND

1. GOSULA LAKSHMI NARAYANAMMA, W/O. SUBBA RAO, AGED

ABOUT 56 YEARS, R/O. SEETHARAMPURAM VILLAGE, POST AND

MANDAL, NELLORE DISTRICT

2. ADAPALA SARASWATHI, W/O. SREENATH, AGED ABOUT 42

YEARS, R/O.SARMA VEEDHI, GIDDALUR TOWN, PRAKASAM

DISTRICT

3. PASALA VENKATA SUBBAMMA, W/O. NADIPI VEERAIAH, AGED

ABOUT 71 YEARS, R/O. KESILINGAYYA VILLAGE, MYDUKUR

MANDAL, YSR (KADAPA) DISTRICT

4. YENUGULA VENKATA LAKSHMI, W/O. SANKARIAH, AGED ABOUT

64 YEARS, R/O. NEW APARTMENTS, 5TH FLOOR, OPPOSITE TO

POLICE GUEST HOUSE, CO-OPRATIVE COLONY, KADAPA CITY, YSR (KADAPA) DISTRICT

5. YAGATEELA THULASI, W/O. LATE PANDU (R.T.C), AGED ABOUT 61

YEARS,

OPPOSITE

TO

RAVINDRA

BHARATHI

SCHOOL,

JAYANAGAR COLONY, KADAPA CITY, YSR(KADAPA) DISTRICT

...RESPONDENT(S):

Appeal under section ___________ against ordersAggrieved by the Judgment dated 30.03.20 15 in O.S. No.138 of 2011 on the file of Junior Civil Judge - Cum - Camp Court at Badvel, the plaintiffs filed Appeal Suit vide A.S.

No.13 of 2015 on the file of Additional Senior Civil Judge (Fast Track court), Rajampet at Badvel.

IA NO: 1 OF 2026

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 suspend the operation of the Judgment dated 16.12.2025 passed in A.S. No.

13 of 2015 on the file of Additional Senior Civil Judge ( Fast Track Court), Rajampet at Badvel, pending disposal of the main second appeal Counsel for the Appellant:

1. SHAIK MOHAMMED ISMAIL

Counsel for the Respondent(S):

1.

The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

SECOND APPEAL NO: 702/2026

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ORDER:

The respondent herein, who is the plaintiff, filed a suit in O.S.No.138 of 2011 on the file of the learned Junior Civil-cum-Camp Court at Badvel, for partition. The suit was dismissed on the ground of non-joinder of necessary parties, vide judgment and decree dated 30.08.2015.

2. Aggrieved by the same, the plaintiff filed an appeal under Section 96 of the C.P.C., read with Order 41 Rule 1 of the C.P.C. The learned lower appellate Court, vide judgment and decree dated 16.12.2025, allowed the appeal and remanded the suit to the trial Court. Challenging the said order of remand, the present Second Appeal has been filed. During the course of hearing, the learned counsel for the appellant sought permission to withdraw the Second Appeal, with liberty to file a Civil Miscellaneous Appeal under Order 43 of the C.P.C.

3. Considering the request, the Second Appeal is dismissed as withdrawn, and the appellant is permitted to file a Civil Miscellaneous Appeal under Order 43 of the C.P.C.

4. Accordingly, the present Second Appeal is dismissed as withdrawn. There shall be no order as to costs.

Registry is directed to return the original documents to the appellant.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Note: Issue C.C.TOMORROW

B/o. Date: 16.09.2026 RMD

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

SECOND APPEAL NO: 702/2026

Note: Issue C.C.TOMORROW

B/o. Date: 16.09.2026 RMD

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