The High Court dismissed Civil Miscellaneous Appeal No. 1 of 2008 filed by the plaintiffs against an order vacating a temporary injunction due to default in appearance or response. No order as to costs was passed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
5^ '
IN THE HIGH COURT OF ANDHRA PRADES>^ :: AMARAVATI
TUESDAY ,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 1 OF 2008
Appeal Under Order 43 Rule 1 & 2 Of C.P.C., Aggrieved By The Common Order Dated 13-11-2007 In la No 5085 Of 2005 And lA No 770/2005 In OS No 10/2005 Passed By The Hon’ble lind Additional District Judge, [Krishna District], At Vijayawada
Between:
...APPELLANTS/RESPONDENTS/PLAINTIFFS
AND
♦ »«.
wk
...RESPONDENT RESPONDENT/DEFENDANT
State Bank of India, Labbipet Branch , Vijayawada -10.
...RESPONDENT/PETITIONER/DEFENDANT
- M/S Delta Lubricants, Rep.by its Partner Mr. B.GaneshBusiness C/o # 74-1-2, Bunder Road, Krishna nagar.
- S.Subba Rao, Prop. M/S Lalitha Iron & Hard Ware BusinessC/o # 74-1-2, Bunder Road, Krishna nagar.
- G.Kondala Rao, Prop. M/S Vasavi Cycle Shop BusinessC/o# 74-1-2, Bunder Road, Krishna nagar.
- C.Srinivasa Rao, Prop. M/S Padmavathi FabricaationsBusiness C/o # 74-1-2, Bunder Road, Krishna nagar.
- Abdul Salam, Prop. M/S Super Mechanical Works, BusinessC/o # 74-1-2, Bunder Road, Krishna nagar, Vijayawada-10.
(Respondents Nos. 13 to 18 are not necessary parties in this C.M.A)
...RESPONDENTS/RESPONDENTS/DEFENDANTS
I.A. NO: 1 OF 2008 (CMAMP. NO: 11 OF 20081
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of the Common Order dated 13-11-2007 in lA.NO. 5085 of 2005 and IA.no. 770/2005 in OS.no. 10/2005 on the file of Hon'ble lind Addl. Dist. Judge, [Krishna District], at Vijayawada , pending disposal of the CMA
r
Counsel for the Appellant : SRI K RAVINDER REDDY (NP)
Counsel for the Respondents No.1 : SRI M SRIKANTH REDDY
Counsel for the Respondents No.6 : SRI K GURU RAJAREPRESENTING ON BEHALF OF SRI K S MURTHY
Counsel for the Respondents No.12 : SRI CH VENKATACHALLARAO REPRESENTING ON BEHALF OF SRI K B RAMANNA DORA Counsel for the Respondents No.13 : SRI POSALA PONNARAO
Counsel for the Remains Respondents : NONE APPEARED
The Court made the following ORDER :
i I
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 1/2008
JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)
The plaintiffs/appellants filed O.S.No.10 of 2005 onthefile of the II Additional District Judge, Vijayawada, in which initially temporary injunction was granted but later on, thesame was vacated oji 13.11.2007. Challenging the said order, the present appeal is filed.
- There is no representation for the appellants. Sri Ch.Venkata Challa learned counsel representing Sri K.B.Ramanna Dora, learned counsel appears for respondent No.12 and Sri K.Guru Raja, learned counsel representing Sri K.S.Murthy, learned Senior Counsel appears for respondent No.4.
- The Civil Miscellaneous Appeal is dismissed for default. No order as to costs.
2
- As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
1
//TRUE COPY//
SD/- P.VENKATA RAMANA
JOINT REGISTRAR
f\rh^
SECTION OFFICER
To,
TAC
HIGH COURT
DATED:23/07/2024
ORDER
CMA.No.1 of 2008
X 2 9 NOV 202'i ,m
^ Current Section ^ A
DISMISSING THIS CMA FOR DEFAULT
Kum. C. Prathyusha and Another
Govinda Raju Venkata Sesha Sri Kumar and 17 Others
State Bank of India
M/S Delta Lubricants
Ravi Nath Tilhari
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
