The High Court dismissed the second appeal (S.A. No.27 of 2021) for default. The appellant failed to pay the deficit court fee directed within two weeks, and the appeal stood dismissed on the file date without costs, noting a lack of interest in prosecuting the matter.
The second appeal is dismissed for default without 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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
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WEDNESDAY. THE FIFTEENTH DAY OF A/IARCH
TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU
SECOND APPEAL N O:27 OF 2021
Appeal under Section 100 of CPC against the Judgment and decree dated 14.06.2018 made in A.S.No.280 of 2012 on the file of the court of the llt Additional Chief Judge, City Civil Court, Hyderabad, preferred against the decree in o.S.No.5788 of 2006 dated 13.06.2012 on the file of the court of the XX Junior civil Judge, City Civil Court, Hyderabad.
Between:
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Occ:Petty RetailBusiness,
R/o.H.No. 15-2-777 14,Osmangunj,Hyderabad.
Occ:PettyRetailBusiness,
Kompally, RangaReddy District.
R/o. H. No.12-2-838/17,Asifnagar,Hyderabad
Appellants/ Appellants 1 to 4 and 8/ Plaintiffs 1,3, 4, 6 and10
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And
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Occ:!-lus,',es , Rio.H.Nc.16 1( 1,3i 10.j, Sr Krlpa Market, f ialakpet. H|iit-ata L
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S/o.Gattaiah, aged about 54 years,
Occ:Petty Retail Business,
PJo. H.No.5-6-1UA, Agapura, Old Jail, Hyderabad.
Respondentsi Appellants 5 to 7/Plaintiffs 7 to 9
(Respondents 4,5,6,8,9 and 10 are not necessary parties in the above Second Appeal)
lA NO: 2 OF 2021
Petition under Section r51 cpc praying that in the circumslances stated in the affidavit filed in support of the petition, the High court may be pleased to condone the delay of 8'rs days in paying the deficit court fee in s.A.SR.No.61290 of 2018.
counsel for the Apperrants: sRt. N. PARAMESWARA REDDY (Nor PRESENT) Counsel forthe Respondents: NONE APPEARED
The Court delivered the following: JUDGMENT
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THE HONO! |F'ABLE SRI JUSTICE SAMBAS(VAF.A ONIAIDU
i|E;COND APPEAL NO.27 OF 21021.
JUDGMEN']I:
Nonc' r, poeared lbr the appellant.
Penclin ,; Miscell:rneous applications, il a ny, sha1l stand closet . No costs.
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To,
//TRUE COPY//
I;iD- M. MANJULA DT:P UT'T REGISTRAR 'lL) S[:CTION OFFICER
1 The lll Additi,:n :l Chief Judqe, City Civil Court, Hvderabac 2 The XX J rnirrr r :ivil .ludge, bity Civit Corrt. HV'OeiJtiO2 One CC tr S'i t .f,arameswara Reddy, Advo6ate [CrpUC] 4 Two CD Cop e: CHR
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HIGH COURT
DATED:15103 2023
JUDGMENT
S.A.No.27 of :,"021
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DISMISSING"HE S.A. FOR DEFAULT WITHOUT COSTS
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1 issue framed by the court
Whether the second appeal can be dismissed for non-payment of deficit court fee.
M/s. Samrat Retail Dealers FoodStuff Association
T. Manik Rao
I. Yadaiah
Md. Yakub
M.A. Kalam
Katta Somalingam
Sambasivarao Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
