GONELA PARVATHI (DIED) AND ANOTHER v. SMT. AURANGABAD VIJAYA

Court: High Court of Andhra Pradesh

Bench: RAVI NATH TILHARI,CHALLA GUNARANJAN

Judgment date: 2024-11-28

Case summary

High Court of Andhra Pradesh judgment dated 2024-11-28. GONELA PARVATHI (DIED) AND ANOTHER v. SMT. AURANGABAD VIJAYA. Read the judgment and case details on...

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 486 OF 2007 Appeal filed Under Section 384 of Indian Succession Act against the order and decree of the II Additional District Judge Vijayawada passed in Succession OP No. 275 of 1998 dated 04-06-2007. Between: 1. Gonela Parvathi (Died) And Another, rep. by its Public Prosecutor, High Court of A. P. , at Hyderabad. 2. Smt. Kota Raja Sulochana Died as per LRs 3 and 4„ W/o. Late Rama Rao,' Chowtapalli Village, Veerullapadu Mandal, Krishna District. 3. Kota HariKrishna,S/o. Late Kota RamaRao Hindu,aged about 43 Years,R/o. 49-403-5/H,Plot No. 713,Padma Nagar Phase 2, Chintal,Qutuhullapur,K. V. Rangareddy, Telangana state. 4. Kota Bhaskara Rao, S/o. Late Kota Rama Rao,, Hindu, aged about 42 Years, R/o. Chowtapalli, Krishna District.

Petitioners 3 and 4 are brought on Record as Lr of the deceased 2 nd Petitioner as per C. O. dt. 20. 07. 2023 in IA. No. 3/2023. ... APPELLANTS AND ^ ' Smt. Aurangabad Vijaya, W/o. Rama Rao, D. No. 1127, Netaji Nagar, Nandigama Village, Krishna District. ... RESPONDENTS I. A. NO: 1 OF 2007(CMAMP. NO: 1095 OF 2007) 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 grant a temporary injunction restraining the Respondent from withdrawing the amounts such as Terminal benefits and death benefits of late Gonela Guravaiah from KDCC Bank Ltd. , Pending disposal of the main CMA I. A. NO: 1 OF 2017(CMAMP. NO: 39825 OF 2017) 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 vacate the interim stay granted in CMAMP No. 1095/2007 vide order dated 09-07-2007 in CMA No.

486 of 2007 and dismiss the same I. A. NO: 2 OF 2017(CMAMP. NO: 39826 OF 20171 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 permit the petitioner/respondent herein to withdraw the amounts such as Terminal Benefits and death benefits of late Gonela Gurvaiah from the KDCC Bank Ltd Krishna District. lA NO: 1 OF 2023 Petition under Section 5 of Limitation Act r/w.

Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 39 days in filing the Petition to set aside the abetment and pass lA NO: 2 OF 2023 Petition under Rulw 9 of Order XXII RA/V Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abetment caused due to death of the 2nd Appellant (Kota Raja Sulochana) in the main Civil Miscellaneous appeal in C. M. A. No. 486 of 2007 as well as in all Interlocutory Applications and pass lA NO: 3 OF 2023 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 bring the proposed Petitioner Nos. 3 and 4 as Appellant Nos. 3 and 4 in main Appeal as well as in all Interlocutory Applications and pass Counsel for the Appellants : SRI.

NARASIMHA RAO GUDISEVA Counsel for the Respondents: SRI N SAIDA RAO The Court made the following: JUDGMENT * V APHC010535642007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3509] m (Special Original Jurisdiction) THURSDAY ,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 486/2007 Between: Gonela Parvathi (died) And Another and Others ... APPELLANT(S) AND Smt Aurangabad Vijaya ... RESPONDENT Counsel for the Appellant(S): 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent: 1. N SAIDA RAO The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 486/2007 JUDGMENT: (per Ravi Nath Tilhari, J) from the This appeal was filed by the appellant being aggrieved in Succession dismissal of her petition for grant of succession certificate I O. P. No.

275 of 1998 in the Court of Motor Vehicle Accident Claims Tribunal - ( order dated 04. 06. 2007. cum - II Additional District Judge, Vijayawada by an 2. In this appeal while issuing notice interim injunction was granted as prayed for on 09. 07. 2007. for the 3. Request for adjournment has been made by learned counsel appellants. 4. The docket order shows that on 28. 03. 2023, considering that the appeal pertains to the year 2007, it was directed to be listed finally on 17. 04. 2023 with further observation that no further time will be granted. Again on 11. 05. 2023, Under these the order was passed that list finally on 21. 06. 2023. circumstances request for adjournment is refused. 5. Learned counsel for the appellants failed to advance the arguments. 6. The matter pertains to the year 2007 and has been listed under the caption ‘specially identified cases'. In view of the above, the Civil Miscellaneous Appeal want of prosecution”. No order as to costs.

pending, As a sequel thereto, miscellaneous petitions, if any closed. SD/- P VENKATA JOINT //TRUE COPY// I^SEC-n^ To, 1. The Court of 11 Additional District Judge ,Vijayawada, [OPUC] 2. One CC to Sri. Narasimha Rao Gudiseva, Advocate 3. One CC to Sri. N Saida Rao, Advocate [OPUC] Andhra 4. The Section Officer, V. R Section, High Court of 5. Three CD Copies Pvr vna HIGH COURT DATED; 28/11/2024 JUDGMENT CMA. No. 486 of 2007 DISMISSING THE CIVIL MISCELLANEOUS APPEAL FOR WANT OF PROSECTION

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