Second appeal under Section 96 CPC for non-prosecution dismissed as appellant's counsel did not appear and the matter was listed as dismissed earlier.
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[32s8 ]
IN THE HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD
MONDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SAMBASIVARAONAIDU
ctTY ctvtL COURT APPEAL NO:4410F2018
Appeal Under Section 96 of C.P.Cagainst the Judgment and Decree dated 31.08.2018 passed in E.A.No.21 of 2015in EP.No.3/2008in O.S.No.33of 2001' on the file of Gourt of the Xll Additional SeniorCivil Judge (FTC), City Civil Court, Secunderabad.
Between:
M Gopala Krishna, S/o. late LakshmiNarayana,Agedapout-68.years, Occ- pensidner, Rl/o.H.No.HlG-2, Flat No.13, BlockNo.13, Baghlingampally' Hyderabad
...APPELLANT/CLAIM PETITION
AND
RESPONDENT/OECREE HOLDER
RESPONDENT/J DEBTOR
RESPONDENT/CLAIM PETITONS
...RESPONDENTS
7
N i1 F2 18 Petition underorder39 rule 1 and 2 readwith Section 151 CPC praying that in the circumstancesstated in the affidavit filed in supportof the petition, the ;l[; i;ri may bepleased toissueadd interim injunction restrainingthe HJ"pono"nttnerein, itreir men, their representativesor any personsclaiming ilil;h-t# from interfering withpeacefut possessionand enjoymentof the Plaint schedule Properties
SCHEDULEOF PROPERTY:
All that the Housebearing No.1'l -3-367 and368/5'on Plot No 6/A' in Survev No.30/2,admeasuring t9S-Sq. YarOs or 163'30Sq Meters (142 Sq Yards Fh;A il;r;iYaros)with iplinth area of 1110 Square feet or C C on Ground Floor and with aPlinth rr.,oi 1260 Square Feet,l"tFloor' situated at Srinivas Mahamood Guda andparsigutta,Secunderabad'Sub district itrrg*- C"f ""y, Mairedpally, HyderabadDistrict and boundedby
North: Neigh House
South: Portion ofH.No.1 1.3.367 13681511
East: Portion ofH.No.11.3.36713681511of Neigh
West: H.Nol1.3.368/6 of Vendors
IA NO ;2oF 2018
PetitionunderSeclionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filedin support of the petition,ine Hign Court may be pleasedMay be ;i;;"Jto direct the'4threspondentherein_to handoverthe house property !A.L""rring53 Sq.yds.situaied behind the E'P' schedule property i'e' House ["rri"g-N.if-s-36iand 368/5admeasuring142 Sqvds or 119 Sqmtrs' situate-d at Sreenivasanagar,Mahmoodguda, SecLnderabad'
Counsel for the Appellant:SRl.VENKATA NARAYANA SARMAPATURI
Counsel for the RespondentNo.3:SRI C PRABHAKAR
Counsel for theRespondentNo.4:SRI P PRAVEEN KUMAR
Counsel for the RespondentNo.1and2: None Appeared
The Court made the following:JUDGMENT
TIIE IIONOURABLE SRI JUSTICE SAIUBASTVA RAO NAIDU
c. c.c.A.lvo.44 I OF 20I8
. None z rppeared for the atr matter was Iisted though the tnt "uo'-iot""t' the face of the , t "d"'under tot dismissal'' on "oto' it depicts tnot tn'" appeal was preferred in the ,", ar 2o&'however' evince any interest 'ntut theprevious r",." "r:;;;,:,:::i":,:T: ;" ." o representation for the appellant. Thus, it appears that the appellant is not interested to prosecute the matter vigilaady and diligenfly anymore. Therefore, this appeal is hable to be dismissed for non-prosecution.
prosecution.
Pending miscellaneous applications, if any, shall stand closed. No costs.
.":B.,i.fH,I6!.ir, //rRUE copy// u-, To sEcrloN oFFlcER '1. The Xll Additionar senior civir .rr.r^a /ETr.\ ,,secund^erabao-rwitr, ii'."# ffi,t'", citv civil court, ^z.oneCC to Sri P PRAVEF t ttttft il i'-tnnffrxmSSuuuR<sup>Advoca,e,opuc</sup> 5. Two CD Copies
n'qrr(
HIGHCOURT
SSRN,J
DATED:3110712023
JUDGMENT CGCA.No.441of 2018
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DISMISSINGTHE CCCA
FOR NON.PROSECUTION
.I' <..(
M Gopala Krishna
Smt. P Padma Kumari
Sri M.Sudhakar
State Bank of Hyderabad
S.Chandrasekhar
Sri Justice Sambasivarao Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
