Appeal dismissed without merits; court directed appellant to seek restoration of EA and EP instead.
Appeal dismissed; liberty to avail remedies; A.S.M.P. disposed as infructuous.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
A.S.No.370 of 2014
Dated 0 1 st August, 2014
Between:
K.Satyanarayana …Appellant And
Gade Koti Reddy and others
…Respondents
Counsel for the appellant: Sri N.V.R.Amarnath
Counsel for respondent No.3: Sri V.S.K.Rama Rao
The Court made the following:
ORDER:
At the interlocutory stage, the appeal is taken up for hearing and disposal with the consent of the learned counsel for the parties.
This appeal is filed against the docket order, dated 12.06.2014, in E.A.No.115 of 2008 in E.P.No.64 of 2006 in O.S.No.103 of 2005, on the file of the learned Senior Civil Judge, Gurajala.
A perusal of this order shows that the EA filed by the appellant is dismissed for non-representation. In my opinion, the appellant instead of filing this appeal against the non-speaking order ought to have filed an application for restoration of the EA. Sri N.V.R.Amarnath, learned counsel for the appellant, stated that after dismissal of the EA, the EP was also closed. If that be so, the appellant is entitled to seek restoration of EP also.
For the above-mentioned reasons, I am not inclined to adjudicate the appeal on merits. The appeal is accordingly dismissed without expressing any opinion on merits, with liberty to the appellant to avail appropriate remedies as indicated above.
As a sequel to dismissal of the appeal, A.S.M.P.No.1368 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
01st August, 2014 VGB
K.Satyanarayana
Gade Koti Reddy
C.V.NAGARJUNA REDDY
As recorded by the court registry
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