The High Court of Telangana dismissed a second appeal under CPC Section 100 as withdrawn by the appellant's counsel during the hearing, with no order as to costs.
Second appeal dismissed as withdrawn; no order as to costs.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.
[3208 ]
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HON'BLE SMT. JUSTICE P.SREE SUDHA
SECOND APPEAL No: 119 of 2009
Appeal under Section 100 of C.P.C against the Judgmentand Decree Dated 04-08-2008 made in A.S.No.140 ol 2NT on the flleof the Court of the I Additional Chief Judge, City Civil Courl, Secunderabad Preferred agEinstthe Judgmentand Decree dated 27 -02-2007passed in O.S.No.36 of 2005 on thefile of the Court of the Xl Junior Civil Judge, CityCivil Court, Secunderabad.
Between:
Sant Singh Basanth Kaur Sahney Charitable Trust,(Basant Shaney Hospital)No. 2531A1 & A2, Nehrunagar, Road No. 11, West Maredpally,Secunderabad- 26, rep. by its Director Dr. Jois Gururajachar. ...AppellanUAppellanUDefendant
AND
l.A. NO: 2 OF 2009( SAMP. NO: 283 OF 2009)
Petition under Section 1 51 CPC praying that in the circumstances statedin the affidavit filed in support of thepetition, the HighCourtmay be pleasedto suspend the operation of thejudgement and decr€e dated04-08-2008in AS No.140 of 2007 on the file of the Hon'ble lAdditional Chief Judge,CityCivilCourt, Secunderabad, arising out of the order daled 27-O2-2O07in OSNo.36of 2005on the file of the Hon'ble Xl Junior Civil Judge, Secunderabadpendingdisposal of the above SA.
Counsel for the Appellant: SRI 8. NALIN KUMAR
Counsel for the Respondents: SRI R. CHANDRA SHEKARREDDY
The Court delivered the following: JUDGMENT
THE HONOURABLE SMT. JUSTICE P.SREESUDHA
SECOND APPEAL No.119 of2OO9
JUDGMENT:
Plaintiffs filed O.S.No.36 of 2005 on the file ofXI lunior Civil Judge, City Civil Court, Secunderabad, formandatory injunction. The trial Court decreed the suit. The unsuccessfuldefendantpreferred appeal uide A.S.No.140 of 2007wherein the appellateCourt dismissed the appeal, against whichthe secondappeal hasbeen filed.
present appeal.
Pending miscellaneous applications, if any, shall stand closed.
Sd/- B. SATYAVATHI DEPUTYSEGI9TRAR //rRUE coPY// secrtS\6rncen
To,
kam w
AI.W
HIGH COURT
DATED:0911112023
JUDGMENT
SA.No.119 of 2009
rt{ E STAI€:
q v
oo 3[ j All 2024 .5lt
i>
-A
*
t
D ?A c
THIS SECOND APPEAL IS DISMISSED AS WITHDRAWN
+.Tf't ,Xr,,
1 issue framed by the court
Whether the second appeal should be admitted when the counsel intends to withdraw the appeal.
Sant Singh Basanth Kaur Sahney Charitable Trust (Basant Shaney Hospital) rep. by Dr. Jois Gururajachar
Dr. A.S. Gajendra Mudaliar
Dr. Srilatha G. Mudaliar
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
