This court dismissed a Civil Miscellaneous Appeal filed by defendant No.2 in a suit for temporary injunction, holding that the appellant did not contest the lower court's order despite notice being served, rendering the appeal not maintainable.
The appeal is dismissed; miscellaneous petitions pending in the appeal stand closed.
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THE HON’BLE Ms. JUSTICE G.ROHINI And
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
C.M.A.No.47 OF 2014
Dated: 04.03.2014
Between: Nadella Prasad .. Appellant And Yadlapati Gopala Krishna Murthy and 2 others
.. Respondents
THE HON’BLE Ms. JUSTICE G.ROHINI And
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
C.M.A.No.47 OF 2014
JUDGMENT: (Per Hon’ble Ms. Justice G.Rohini)
The defendant No.2 in O.S.No.243 of 2012 on the file of the Court of the II-Additional District Judge, Guntur is the appellant in this appeal filed under Order XLIII Rules 1 to 4 of C.P.C.
By the order under appeal, the Court below allowed I.A.No.885 of 2012 filed by the plaintiffs/respondents 1 and 2 herein under Order XXXIX Rules 1 and 2 of C.P.C. for grant of temporary injunction restraining the defendants from alienating the plaint schedule property to third parties.
We have heard the learned counsel for the appellant. It is apparent from the material available on record that the appellant before us/defendant No.2 did not contest the matter before the Court below in spite of the fact that notice was served on him.
Under the circumstances, we are of the view that he cannot maintain this appeal and therefore we are not inclined to express any opinion on merits of the case.
Accordingly, the Appeal is dismissed. However, this shall not preclude the appellant to take the appropriate steps as available under law before the Court below for redressal of his grievance, if any. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this Civil Miscellaneous Appeal shall stand closed.
______________ G.ROHINI, J
_________________________ T.SUNIL CHOWDARY, J
Date: 04.03.2014 Ivd
1 issue framed by the court
Whether an appellant who did not contest the matter before the Court below can maintain an appeal when the appeal is filed without demonstrating prima facie case.
Nadella Prasad
Yadlapati Gopala Krishna Murthy
G.ROHINI
T.SUNIL CHOWDARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
