The High Court of Telangana dismissed Second Appeal No. 1104 of 2017 for non-prosecution as the appellant failed to appear and reported no instructions, despite the matter being listed for dismissal earlier.
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.
[32581
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY ,THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU
SECOND APPEAL NO: I1O4 OF 2017
Appeal under section 100 of CPC against thejudgment and decree dated 2OlO4l2O17 in AS.no. 2 ot 2O12 on the file of the XVI Additional District and Sessions Judge's Court-Cum-lll Additional Family Judge's Court, Ranga Reddy District at Malkajgiripreferred against thejudgment and decree dated 28.10.2011 in OS.No. 1 109 of 2O02 on the file of the Vll Additional Senior Civil Judge, Ranga Reddy District, at LB Nagar
Between:
P.Prabhakar Rao S/o P. Anthaiah, Aged 60years, Occ Ex-Serviceman, Rl/o H.No Plot No. 17, Old Alwal, Ranga Reddy District
...APPELLANT/APPELLANT'PLAINTIFF
AND
...RESPONDENTS'RESFONDENTS'OEFENDANTS
,t/
, lA NO: 1 OF m18
Between:
...PETITIONERS'RESPONDENTS 1 TO 6
AND
P.Prabhakar Rao S/o P. Anthaiah, Aged 60 years, Occ Ex-Serviceman, Rl/o H.N o Plot No. 17, Old Alwal, Ranga Reddy District
...RESPONDENT/APPELLANT
Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to pass orders to receive the following material papers.
as material papers filed on behalf of Respondents in the above S.A.No.'l 104 of 2017 in the interests of Justice.
1 i
SAMP. NO: 2235 OF 2017
Petition under Order XXXIX Rule 1 and 2 R/w 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 restrain the Respondents herein from alienatbn/creating any third party rights in respect of Schedule 'A' and Schedule B' properties ion O.S.No. 110912002 on the file of the Vll Additlonal Senior Civil Judge, Ranga Reddy District at L.B. Nagar pending the final adjudication of the above appeal in the interest ofjustice
SCHEDULE 'A' PROPERTY
All that part and parcel of dry land admeasuring 53 guntas forming part of Survey No. 543 of Malkajgiri Mandal, R.R. District and bounded by: NORTH: Portion of Survey No. 543 belonging to Narsing Rao
SOUTH: 100ft Road
EAST: Road/Balaiah Nagar Colony
WEST: Manjira Water Tank Road
SCHEDULE 93'PROPERTY
All that part and parcel of house bearing No, 1-2-64 admeasuring 200sq. yds with a house thereon situated at Old Alwal, Malkajgiri, R.R. District and bounded by:
NORTH: Road
SOUTH: H. No 1-2$3
EAST: H. No 1-2-73
WEST: H. NO. 1-2-65
Couniel for the Appellant: SRl. A. VENKATESH (NOT PRESENT)
Counsel forthe Respondents: SRl. N. RAGHAVAN
The Court made the following: JUDGMENT
7
THE HONOURABLE SRI JUSTICE SAMBASTVA RAO NAIDU
SECOND APPEAL NO.IIO4 OF 2OI7
JUDGMENT:
None appeared for the appellant though the matter was listed under the caption for dismissal'. On perusal of the record, it reveals that despite this appeal is pertaining to the year 2O17, this appeal is not yet admitted due to lack of interest on the part of the appellant. On 20.O7.2023 Mr.A.Venkatesh, learned counsel for the appellant on record has reported 'no instructions'. Thus, it appears that the appellant is not interested in prosecuting the matter vigilantly and diligently any more. Therefore, this appeal is liable to be dismissed for non-prosecution.
Pending miscellaneous applications, if any, shall stand
closed. No costs.
Sd/. K. SRTNIVASARAO JoINT REGITTRAR uI I'TRUECOPY'T SECTION OFFICER
To,
HIGH COURT
DATED: 1710812023
JUDGMENT
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SA.No.I104 of 2017
DISMISSING SA AS
NON PROSECUTION
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5
P.Prabhakar Rao
1. Sri. P. Narayana Rao
2. Smt. E. Sadguna
3. Smt. M. Swarna
4. Smt. M. Shakuntala
5. Sri.P. Venkatamma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
