The appellant, having filed an appeal against a temporary injunction order, later the suit was dismissed for default. The court held that nothing survived in the appeal and dismissed it as infructuous.
The appeal is dismissed as infructuous. No order as to costs.
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THE HON’BLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL No.745 of 2010
JUDGMENT:
This appeal is preferred against order dated 04.08.2010 in I.A.No.119 of 2010 in O.S No.7 of 2010 on the file of Family Courtcum-Additional District Judge, East Godavari District at Rajahmundry. Appellants herein are plaintiffs. They filed the above referred suit for dissolution of partnership firm, rendition of accounts and injunction restraining defendants 6 and 7 from dealing with assets of 5th defendant. In that suit they filed I.A.No.119 of 2010 seeking temporary injunction. The Court below, on a consideration of material on record and submissions of both sides, dismissed the application. Aggrieved by the same, plaintiffs preferred the present appeal.
2. As seen from the letter of the Presiding Officer, dated 15.06.2016, subsequent to disposal of this I.A., plaintiffs Advocate reported no instructions and on that the suit was dismissed for default on 27.01.2011. In view of dismissal of suit, nothing survives in this appeal.
3. For these reasons, the appeal is dismissed as infructuous. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
S. RAVI KUMAR, J
JULY 04, 2016 YVL
THE HON’BLE SRI JUSTICE S.RAVI KUMAR
CIVIL MISCELLANEOUS APPEAL No.745 of 2010
Date: 04.07.2016
YVL
1 issue framed by the court
Whether the civil miscellaneous appeal survives given the dismissal of the underlying suit for default.
Plaintiffs
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
