Andhra Pradesh High Court

SA/1036/2011 of The Guntur Municipal Corporation Vs Yerramaneni Vijaya Kumar on 29 December 2023

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COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY , THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE V PRESENT THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER SECOND APPEAL NO: 1036 OF 2011 Appeal under Section 100 of CPC, Aggrieved by the Decree and Judgment dt 16-04-2010 in A.S. No. 390

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY ,THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

V

THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER

SECOND APPEAL NO: 1036 OF 2011

Appeal under Section 100 of CPC, Aggrieved by the Decree and Judgmentdt 16-04-2010 in A.S. No. 390 of 2009 on the file of the court of theII AdditionalDistrict Judge at Guntur while reversing the Decree and Judgment dt. 28-08-2009in O.S No.307 of 2003 on thefile of the Court of theII Additional SeniorCivilJudge (Fast Track Court) at Guntur.

Between:

The Guntur Municipal Corporation, rep. by its Commissioner Guntur, GunturDistrict.

AND

...Appellant/Respondent/Defendant

Yerramaneni Vijaya Kumar, S/o.Koti Surya Prakasa Rao, Aged about 66years, R/o.D.No.4-18-30, Ring Road, Guntur, Guntur[District.]

...Respondent/Appellant/Plaintiff

Counsel for the Appellant: Sri. M Manohar Reddy (SC for MunicipalCorporations)

Counsel for the Respondents: Sri. G Vijaya Babu The Court made the following Judgment:

THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER

SECOND APPEAL No. 1036 OF 2011

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JUDGMENT:

There is no representation for the appellant.

LearnedcounselforrespondentMr.G.VijayBabuwouldsubmitthathealreadyfiledmemobeforetheRegistryon07.01.2016 stating that sole respondent died on 31.10.2015[and][ he]alreadyfurnisheddetailsof legalrepresentatives but nostepstaken by the appellant as required under law.

Asnostepstakentoaddlegalrepresentativesoftherespondent though noticeis served to the appellant[counsel]on07.01.2016itself duly furnishing details of legal representatives,this Second Appeal is dismissed as abated. No order[as][ to][ costs.]

Consequently,miscellaneouspetitions,if any,shallstandclosed. The interim stay granted if any, shall stand[vacated.]

SD/- V DIWAKARDEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,1.The II Additional District Judge: Guntur, Guntur District, (with records if any)2.The II Additional Senior Civil Judge (Fast Track Court): Guntur, GunturDistrict, (with records if any)District, (with records if any)

3. One CC to Sri. M Manohar Reddy (SC for Municipal Corporations) [OPUC]4.One CC to Sri. G Vijaya Babu, Advocate [OPUC]5.The Section Officer, V.R. Section, High Court of A.P.[at][ Amaravathi.]6.Three CD Copies

4.

6. SAMsreeSAMsree

HIGH COURT

DATED:29/12/2023

JUDGMENTSA.No.1036 of 2011

DISMISSING THE SECOND APPEALAS ABATED WITHOUT COSTS

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