Andhra Pradesh High Court
CMA/149/2026 of Smt. Ethakotakota Padmaja Nagavalli, Vs Sri Ethakota Venkateswara Rao, on 17 March 2026
& BM,J C.M.A.NO.149 OF 2026 APHC010092402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI
(RNT,J & BM,J
C.M.A.NO.149 OF 2026
APHC010092402026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY,THE EIGHTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
CIVIL MISCELLANEOUS APPEAL NO: 149/2026
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1. SMT. ETHAKOTAKOTA PADMAJA NAGAVALLI,, W/O ETHAKOTA VENKATESWARA RAO, AGED 25 YEARS, R/O D.NO.2-5/54/1A, SAVARAM BYPASS ROAD, AMALAPURAM.
...APPELLANT AND
1. SRI ETHAKOTA VENKATESWARA RAO, S/o Annaravaram, aged about 32 years, R/o D.No.2-108/1, Vaddila Veedhi, Tallapudi Village and Mandal, West Godavari District.
...RESPONDENT Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order dated 14.11.2025, passed by the Court of the Civil Judge (Senior Division), Amalapuram, in HMOP No.8/2019 (allowed) 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 pleased to Stay all further proceedings and operation of the order in HMOP No. 8 OF 2019 On the Court of the Civil Judge (Senior Division) At
(RNT,J & BM,J C.M.A.NO.149 OF 2026
Amalapuram dated 14.11.2025, particularly the direction requiring the Appellant to join the Respondent within three months Counsel for the Appellant:
1. MAKIREDDY MANOJ Counsel for the Respondent:
1. The Court made the following:
(RNT,J & BM,J C.M.A.NO.149 OF 2026
ORDER :- (per Hon’ble Sri Justice Ravi Nath Tilhari)
This appeal has been filed challenging the judgment dated 14.11.2025 in H.M.O.P.No.8 of 2019 passed by a Civil Judge (Senior Division), Amalapuram. The said petition was filed by the husband/respondent for restitution of conjugal rights. The wife had also filed H.M.O.P.No.127 of 2021 seeking divorce but by the common judgment the petition for divorce was dismissed. Wife has preferred present appeal only against H.M.O.P.No.8 of 2019.
2. Learned counsel for the appellant submits that there are certain defects in the appeal and the same is not as per the procedure under Order XLI Rules 1 and 2 of the Code of Civil Procedure. However, seeks liberty to file fresh appeal.
3. Considering the aforesaid submissions, we are of the view that return of the memorandum of appeal to carry out the necessary amendments would not be sufficient, as in that case the memorandum of appeal would have to be amended in a drastic manner.
4. Consequently, the memorandum of Appeal is rejected with the liberty to file fresh appeal.
5. The certified copy annexed with the appeal shall be returned to the learned counsel for the appellant complying with the due procedure.
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6. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
____________________ RAVI NATH TILHARI, J
_____________________ BALAJI MEDAMALLI,J Date :18.03.2026. KBN
(RNT,J & BM,J C.M.A.NO.149 OF 2026
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
C.M.A.No: 149 OF 2026
Date: 18.03.2026
KBN