Andhra Pradesh High Court
AS/4014/2003 of Canara Bank Vs Ch. Rama Mohan rao on 31 December 2024
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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE V GOPALA KRISHNA RAO
APPEAL SUIT No.4014 of 2003
Appealfiled under Section 96of C.P.C, against the Judgment andDecree dated 5-9-2003 passedin OS No. 152 of 1992[on]thefileof theAdditional Senior Civil Judge, Guntur, Guntur District.
Between:
Canara Bank, Guntur having their office at Hindu College High SchoolCompound, represented by its Senior Branch Manager, Guntur, AndhraPradesh.
...APPELLANT
AND
1.Ch. Rama Mohan Rao, S/o. Malakondaiah, Occ: Municipal[Councellor][ &]Business, R/o. Nehru Nagar II Lane, Guntur.Business, R/o. Nehru Nagar II Lane, Guntur.
2.M/s. Vijay Engineering Corporation, Guntur, represented by its ManagerPartner, A.Ganesan S/o. Armugam, R/o. D.No. 56-3-15, Patamata,Vijayawada-6.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.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.29-68, Ramanujakutam, Krishna Nagar, Guntur.
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 Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased 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 duringthe 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:
To
1
THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAOAPPEAL SUIT No.4014 of 2003
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JUDGMENT:
1. When the matter was listed on the last two occasions i.e., on28.11.2024 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’.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, thereis norepresentation on either side, even though the matter[is][ listed][ under]the caption‘For Dismissal’.It seemsthat the appellantisnotinclined to prosecute the appeal.
3. Therefore, the Appeal Suit is dismissed for non-prosecution.There shall be no order as to costs.There shall be no order as to costs.
As a sequel, miscellaneous petitions,if any pending,shallstand closed.
SD/- K.TATARAODEPUTY REGISTRAR
//TRUE COPY//SECTION OFFICER
The Additional Civil Judge (Senior Division), Guntur,[Guntur][ District](with records if any)
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)Amaravathi. (to dispatch the trial court records)
6. Three CD Copies
TK
TAG
HIGH COURTDATED:31/12/2024
JUDGMENTAS.No.4014 of 2003
S19 mar 2025ovPit:^ ^ Current Section
DISMISSING THE APPEAL SUIT FOR NONPROSECUTION