Dismissed

Akula Srinivas Rao and 3 Ors. v. G.Venkateswara Sharma,Warangal

Telangana HC5 Sept 2023AS/2549/2000

Case brief

AI extract

What is this about?

The single judge dismissed the appeal suit filed by four appellants (defendants in the lower suit) as infructuous because the parties entered into a compromise during the execution proceedings of the underlying decree, rendering the appeal no longer maintainable.

What did the court decide?

The appeal suit was dismissed as being infructuous due to a compromise executed during execution.

Akula Srinivas Rao and 3 Ors. Vs… — Civil Procedure and Limitation | Telangana HC (2023)

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[³²¹⁶ ]

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

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TUESDAY ,THE FIFTH DAY^{OF SEPTEMBER} TWO THOUSAND AND^{TWENTY THREE}

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i PRESENT

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THE HONOURABLE SRI JUSTICE^M.LAXMAN

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APPEAL SUIT NO: 2549^{OF 2000}

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Appeal under section⁹⁶ of^{CPC against the judgment and decree dated} 26-4-2000^passed in oS^{No. 200 of 1995 on the file of the llnd Additionalseniorcivil} Judge Court, Warangal

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Between:

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Akula Srinivas Rao S/o^{Narayana, aged about 78 years, Landlord F/o't 0-3-} 35, Girmajipet.

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Akula Suryanrayana^{Rao, S/o VenkatramNarsaiah,agedabout 52 years,Rl/o} Etikalpalli, Narsampet Mandal,^{Warangal District}

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Akula Surender, S/o^{Ramakrishnan,aged about 50 years,Rl/o 10-3-35'} Girmajipet, Warangal.

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Akula Rathamma, W/o Kamalakar^{Rao, aged about 46 years'Rl/o 10-3-35'} Girmajipet, Warangal.

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(Appellants 2lo 4 arc represented by^{their G.P.A. Sri. A. Srinivasarao i.e', 1st} appellant).

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...APPELLANTS/DEFTS¹ to⁴

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AND

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Gollamudi Venkateswara Sharma^{S/o G.S. Madhavarao, aged about45 yrs,} Medical^{practitioner,} R/o H.No.^{11-25-34, M.G.Road, Warangal.}

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...RESPONDENTS/PLAINTIFF

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Counsel for the Appellants:^{SRl. SUBBA RAO KORRAPATI}

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Counsel for the Respondent: SRl.^{Y. SRINIVASA MURTHY}

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The Court made the following: JUDGMENT

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THE HON'BLE SRI JUSTICE M.LAXMAN

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APPEAL SUIT No.2549 OF 2OOO

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JUDGMENT:

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This Appeal Suit is hled against the^judgment and decree dated 26.O4.2000 in O.S.No.200 of 1995 on the file of the learned II Additional Senior Civil Judge, Warangal, whereby suit filed by respondent herein to direct the appellants herein to pay the amount, was decreed partly. Aggrieved by the same, defendants have preferred the present appeal

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It is stated by the Iearned cour-rsel for the respondent that during the execution proceedings, parties have entered into compromise and as per the compromise sale deed rl,as executed by the original vendor. Tl-rcrcfore, thc mattcr has become infructttous

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Recording the sarne, this appeal suit is dismissed as infructuous

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No costs. Miscellaneous petitions pending, if any, shall sl.and

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closed.

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Sd/- K. SAILESHI DEPUTY B1GISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The llnd Additional Senior Civil Judge Court, Warangal (with records) 2. One CC to SRl. SUBBA RAO KORRAPATT, Advocate tOpUCl

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One CC to SRl. Y. SRINIVASA MURTHY, Advocate [OPUC] 4. Two CD Copies KP/VH

GsK

HIGH COURT

DATED: 0510912023

ORDER

AS.No.2549 of 2000

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DISMISSING THE APPEAL SUIT

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AS INFRUCTUOUS

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Akula Srinivas Rao and 3 Ors. v. G.Venkateswara Sharma,Warangal

Case brief

What is this about?

What did the court decide?

Akula Srinivas Rao and 3 Ors. v. G.Venkateswara Sharma,Warangal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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