Dismissed
Syed Mujeebuddin, v. Nasir Mehdi Khan, (Died)
Telangana HCCMA/427/2003
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from the order text
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V. ESWARAIAH & HON'BLE SRI JUSTICE B.N.RAO…
What the court decided
AI extract
V. ESWARAIAH & HON'BLE SRI JUSTICE B.N.RAO…
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HON'BLE SRI JUSTICE V. ESWARAIAH & HON'BLE SRI JUSTICE B.N.RAO NALLA
C.M.A.NO.427 OF 2003
Date: 28-02-2013 Between: Syed Mujeebuddin … APPELLANT And Nasir Mehdi Khan and others … RESPONDENTS
The Court delivered the following:
HON'BLE SRI JUSTICE V. ESWARAIAH & HON'BLE SRI JUSTICE B.N.RAO NALLA
CMA No.427 OF 2003
JUDGMENT: ( per Hon'ble Sri Justice V.Eswaraiah )
It is stated that the counsel for the appellant Sri Syed Shareef Ahmed is no more and his former colleague Sri Mehdi Hussain appeared in the matter.
2. Plaintiff is the appellant herein. He filed suit OS No.1865 of 1996 for perpetual injunction. It is stated that the said suit was dismissed for default by order dated 22-4-2002 and to restore the same, the plaintiff filed the present IA No.545 of 2003. By the impugned order the IA was dismissed. Hence, this appeal.
3. The suit is of the year 1996 and the suit was filed for perpetual injunction. No useful purpose would be served by restoring the suit to file at this length of time. However, it is open for the appellant-plaintiff to file a fresh suit if the cause of action still survives. The appeal is accordingly dismissed. Consequently, miscellaneous petitions, if any, pending in this appeal shall also stand closed. No order as to costs.
_____________________ V.ESWARAIAH, J
________________________
B.N.RAO NALLA, J
28th February, 2013 /Nrg
HON'BLE SRI JUSTICE V. ESWARAIAH &
HON'BLE SRI JUSTICE B.N.RAO NALLA
C.M.A.NO.427 OF 2003 Dated 28-02-2013
Nrg/
Syed Mujeebuddin
Nasir Mehdi Khan and others
V. ESWARAIAH
B.N.RAO NALLA
As recorded by the court registry
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