THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO CIVIL MISCELLANEOUS APPEAL NO.455 OF 2021

JUDGMENT:

This Civil Miscellaneous Appeal is filed assailing the judgment and decree, dt.20.01.2014, in A.S.No.119 of 2010 on the file of the learned V Additional District Judge, Kothagudem.

2. None appears for the appellant.

3. Heard Mr.Challa Srinivas, learned counsel for respondent Nos.2 & 3.

4. Learned counsel for respondent Nos. 2 & 3, across the Bench, submits that the counsel for appellant on record is no more.

5. He further submits that the appellant herein filed suit Civil Judge (FTC), Kothagudem and the same was decreed; that the appeal preferred against the said judgment vide A.S.No.119 Kothagudem, was disposed of on 20.01.2014 remitting the matter to the trial Court for fresh disposal; and that it is the said remittal order under challenge in this appeal.

6. He also submitted that subsequent to the remand, the trial Court tried the suit afresh and dismissed the same vide judgment & decree, dt.03.03.2021.

7. This Court finds it difficult to comprehend, how the Registry has numbered the present CMA against the judgment & decree in AS.No.119 of 2010, dt.20.01.2014 passed by the first Appellate Court.

8. However, in view of the dismissal of the suit by the trial Court upon fresh trial on 03.03.2021, this Court is not inclined to go into the merits of the Appeal or as to its maintainability against the judgment of the first appellate Court. Thus, this Court is of the opinion that the cause of action in the present Appeal, no longer survives.

9. Accordingly, the CMA stands closed. However, it is open to the appellant to challenge the judgment & decree Additional Senior Civil Judge (FTC), Kothagudem. There shall be no order as to costs.

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

________________________________ SUDDALA CHALAPATHI RAO, J Date: 26.09.2025 szt/gra