The court dismissed an appeal suit under Section 96 CPC as a suit for non-proceeding (default). Absence of the appellant and non-compliance with earlier conditional orders led to dismissal without costs.
Appeal suit dismissed. No order as to 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 HYDERABAD
fulONDAY. THE TWELFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY
FIRST APPEAL NO: 78 OF 2016
Appeal Under section 96 oi C.P.C. against the Judgment and Decree dated 8-10-2015 in OS No. 150 of 201 1 on the lile of the Court of the Principal Senior Civil Jude, Mahabubabad, Warangal District
Between:
Banothu Mangya, S/o. Surya, Aged about 56 years, Occ: Agricuilure. R/o. Sumba Thanda H/o. Uggampally Village of Maripeda Mandal, Warangal Districl.
...AP PE LLAN T/DEFE N DANT
AND
Malothu Rajaram, S/o. Lachiram, Aged 43 years, Occ:Agricullure R/o. yedjerla Village of [.4aripeda Mandal, Warangal District.
...RESPONDEN T/P LAI NTI FF
ASMP. NO: 165 OF 2016
Petition under Section 15'1 of CPCprayinq that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to stay the operation and execution of impugned decree and Judgment dated 8-10-2015 made in OS NO. 150 of 2011 on the file of the learned Senior Civil Judge, Mahabubabad, Warangal District,and all further proceedings in Pursuance of the said decree.
ASMP. NO: 1 0 17 0F 20 16
Between:
Malothu Rajaram, S/o. Lachiram, Aged 43 years, Occ:Agriculture R/o. yedjerla Village of Maripeda Mandal, Warangal Diskict.
... PETITION ER/RE SPON D ENT
AND
Banothu [,4angya, S/o. Surya, Aged about 56 years, Occ: Agriculture, R/o Sumba Thanda H/o. Uggampally Village of Maripeda l\4andal, Warangal District.
...RESPONDENT/ APPELLANT
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support therewith, the High Court may bepleased to vacate the interim order dated 03.02.2016 in ASMP No.165/2016 in AS No.78/20'16
Counsel for the Appellant: SRI K JAGADEESHWARA RAO(NONE APPEAREO)
Counsel for the Respondents: RAVI KONDAVEETI
The Court made the following JUDGMENT
THE HoN'Bl.l:) SRI JUST'ICE A.VENKATESHWARA REDDY APPEAL SUIT No.78 OF 2016
.IUDGMENT
Nrrne rq pears on reh:Llf of the appellant. Learned counsel for the ;:esprrndent present. Perused the proccedings( ated 05.09.2022 wherein and whereunder it \'as menti(,ried that initially as per orders dated 03.02.2016 i r deposit oi lialf of the decretal amount eight n'ceksr ime l as gr-antec: and thereafter on 30.O8 .2016 it u'as ext ende c bv further tri,o months. It is submitted by leru-ned cou r el 1br the :'espondent that despite extension of timr: the ccirdilional order was not complied till date. It may be ste t d that on 05.09.2022 also there was no reprcserltati, rr on behalf of the appellant. Therefore, considering t re submisrions of the learned counsel for responclent r rcl a1sc, prcc:r'edings dated 05.09.2022, l find no merit to r d.journ the lnatter in the absence of propcr reprersentati, r on behalf ol tl-re appellant. Accordingly, this appeal suit s clrsmisscd 1i'r deflault. In the circumstances of the case thercr sha I be no order as to the costs. Miscellane or ir applicatic rr:;, il any pending, sha11 sands closed.
1I Sd/.K.SRINIVASA RAO JOINT REGISTRAR , /TRU E COPY// SECTION OFFICER
To, 1. The Senior ri, il Judge at l'lahabubabad
HIGH COU t I
DATED:1 2l))12022
JUDGN[EN"
AS.No.78 ot 2016
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DISMIS{}ING I IIE AI}PEA-:OR DEFAULT WITHOI..lT C0. iTS
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Banothu Mangya
Malothu Rajaram
A. Venkateshwara Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
