Penmetsa Srinivas Raju v. Alluru Venu Gopal Raju
Case brief
What is this about?
96 of C.P.C against the Judgment and Decree…
96 of C.P.C against the Judgment and Decree…
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HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD
WEDNESDAY,THE SIXTEENTH DAY OF AUGUST TWO THOUSANDANDTWENTY THREE
PRESENT
THE HON'BLE SRIJUSTICESAMBASIVARAONAIDU
CCCA NO:41 0F 2023
Appeal Under Section96 of C.P.C againstthe Judgmentand Decree -D^ated 06.O2.^i3 madein O.S.No.168of 2016 file of the Court of the X Additional Chief Judge, City CivilCourt,HYderabad.
Between:
PenmetsaSrinivasRaju,s/o-P.SubbaRaju,Agedabout45'Occ:Business' R/o.plot No. 699,H.Nio.3-5-65/3Vivekananda Nagar, Kukatpaliy, Hyderabad- r.s'
..-APPELLANT/DEFENDANT
AND
Alluru Venu GopalRaju, S/o'Late A. Subba Raju, aged about 60 years' Occ: Business, Rl/o. FlatNo.T-t,H.No.A4-2221F123, Krishna Residency Mahuranagar colonv' Hyderabad'
..RES'.NDENT/'LA'NTIFF
IA NO;1 0F 2023
Petition Under order41 rule 5 r/w section151 of cPCpraying that in the circumstances statedin the affidavitfiled in support of the petition,the High Corrt rnuy bepleased to stay all further proceedings pertainingto judgmentand oecree oateo oa.oz.zozein os.No.toa/20160n the file of the X Additionalchief JrJgL, City CivilCourt, Hyderabad, pending disposalof the main appeal' in the interest ofjustice.
Counsel for the Aipellant:SRl. NAGA SRINIVAS RAO
Counsel for the Respondent:SRl. C.M.RVELU
The Court madethe following: JUDGMENT
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
c.c.c.A. No.41 0F 2023
JUDGMENT:
None appeared for the appellant though the matter was listed under the caption 'for dismissal'. Even on the dates of previous hearing i.e., on 1a.O7.2023, 02.O8.2023 and 09.O8.2O23, there was no representation for the appellant. On perusal of the proceeding sheet, on 19.07.2023 learned counsel for the appellant on record has informed this Court that the appellant is not cooperating with him and sought for appropriate orders. Thus, it appears that the appellant is not interested to prosecute the matter vigilantly and diligently any more. Therefore, this appeal is liable to. be dismissed for non-prosecution.
Pending miscellaneous applications, if a,ny, sha,ll stand
closed. No costs.
\
SD/. B.S. CHIRANJEEVI JOINT REGISTRAR //TRUE coPY// &. SECTION OFFICER
To,
1 The X Additional Chief Judge, City Civil Court, Hyderabad (with records if any) 2 One CC to Sri. NAGA SRINIVAS RAO, Advocate [OPUC]. 3 One CC to Sri. C.M.R VELU, Advocate [OPUC]. 4 Two CD Copies. 6
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H]GH COURT
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DATED:16/08/2023
JUDGMENT
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CCGA.No.41 ol 2023
DISMISSING CCGA FOR NON PROSECUT]ON WITHOUT COSTS
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Penmetsa Srinivas Raju
Alluru Venu Gopal Raju
Sambasivarao Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court