IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No. 971 OF 2009 Between : Manne Kasturi (died) Manne Bhaskara Rao and others. .... Appellants. A N D Amara Narayana (Died) Alladi Peter Sreenivasa Rao and others. …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A. No. 971 OF 2009 J U D G M E N T: This Civil Miscellaneous Appeal under Order XLIII Rule 3 of the Code of Civil Procedure 1908, is directed against the order and decree, dated 24.08.2009 in E.A. No.42 of 2004 in E.P. No. 61 of 2003 in E.P. No.34 of 1996 in O.S. No.46 of 1991, on the file of Senior Civil Judge, Bapatla, whereunder and whereby, the petition filed under Section 151 Cr.P.C. to dismiss the E.P.No.61 of 2003 in E.P. No. 34 of 1996 in O.S. Non.46 of 1991, was dismissed with costs. While the appeal is pending, the delivery was effected and the E.P. was closed. Therefore, when the E.P., itself is not pending on the file of Senior Civil Judge, Bapatla, the question of passing any orders in this appeal does not arise. Accordingly, the Civil Miscellaneous Appeal is dismissed as infructuous. No costs. _______________ K.C.BHANU. J MARCH 22, 2010. YVL