The High Court of Telangana dismissed an Appeal Suit filed under Section 96 of CPC. The appellant, who had passed away, failed to evince interest in the matter despite repeated attempts by counsel to reach next of kin. The court held the appellant liable for non-prosecution.
The appeal suit was dismissed for non-prosecution with costs.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD
WEDNESDAY,THE TWENTY FIRST DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
APPEAL SUIT No : 3114 0F 1999
Appeal Under Section 96 of CpC against the Judgment and Decree dated 23-6-1999 in o.S.No.242 ot 1994 on the file of the principal Senior civit Judge, Ranga Reddy District.
Between:
SHAIK TVOHAMIVED ABD_UL KAREEM, S/o Shaik Md. Abbas Ati, aged about 48 years, Occ: Business R/o Tatti Annaram, Hayatnagar (tM), Ranga it"tOy Olrt.'-
... Petitioner/Appetlant
AND
I\rARRl PENTAIAH, S/o M._Venkaiah, aged about 59 years, R/o H.No.2_97, Hayatnagar (t\4), Amangal, Ranga Reddt Diskict.
...Respondent
CMP. NO: 13806 OF 2002
Between:
MARRI PENTAIAH, S/o M. Venkaiah, aged about 59 years, R/o H.No.2-97, Hayatnagar (M), Amangal, Ranga Reddt District.
...Petitioner/Respondent
AND
SHAIK MOHAMMED ABDUL KAREE[/, S/o Shaik Md. Abbas Ali, aged about 48 years, Occ: Business R/o Tatti Annaram, Hayatnagar (M), Ranga itetOy Oirt.
...RespondenUAppellant
Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the lnterim Order, dt: .22-1-2OOO passed in CMp No.22560/99 in A.S.No.3114/99 by this Hon'bte High Court.
CMP .No.27560 of1999
PetitionUnderSectionl5lof,]PCprayingthatintheCrcurnstancesstatedin affidavit filed insurport of the petitLon, the High Court may ber pleased to grant interim injunctionrtrdersrestrainir,g rhe respondenthis colleztgues,associates, subordinates andrelatives from makng any construction, sellingor dealing in any name in thesaidone acre of land formng part of AshoorkhanawakfPropertytotally measuring3acres3Oguntas,bea'irrgmunicipaloldNoT-39iB,NewNo4-122 situatedatKhalsal-layathnagar,Hayathnagarmandal,RangaRecdyDistrict'
Counselfor the App'ellant: SRl. D.V' SUDHIRKUMAR
Counsel forthe Respondent:SRI A PULLA REDDY
The Court madethe following: ORDER
THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU
APPEAL SUIT No.3L 14 OF 1999
ORDER:
This Appeal Suit is filed against the order dated 23.06 1999 in O.S.No.242 of 1994 on the file ofPrincipal Senior Civil Judge, Ranga Reddy District
any, shail starrdclosed
Sdi- B.S. CHIRANJEEVI JOINT REGISTRAR
//TRUECOPY//
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SECTION OFFICER
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HIGH COURT
DATED:21 10912022
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ORDER
AS.No.3114 of 1999
THE APPEAL IS DISMISSED FORNON-PROSECUTION.
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1 issue framed by the court
Whether the appeal filed under Section 96 CPC should be dismissed for non-prosecution given the death of the appellant and lack of response to summons.
2 provisions across 1 enactments
SHAIK TVOHAMIVED ABD_UL KAREEM
MARRI PENTAIAH
Sammasiva Rao Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
