The High Court of Telangana dismissed a second appeal under Section 100 CPC ex parte for default. The appellant failed to appear through learned counsel, and the court noted the matter was posted for dismissal on multiple dates without representation.
Second Appeal dismissed for default. Pending miscellaneous petitions under Section 151 CPC stood disposed.
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.
[321s ]
IN THE HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD
TUESDAY, THE ELEVENTH DAY OFAPR,IIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RANI
SECOND APPEAL NO:449 OF 2017
Appeal under section 100 ofCPC againstthe Judgment and Decree dated: 15.03.2017passed in ASNo. 27 of 2015, on the file of the Courtof the Vlll Additional District Judge atNizamabad, preferredby the <'rcree andJudgmenl da\ed20.07.2O15 in O.S.No.'185 of2013on the file of the -lourtof the Prrncrpal Junior Civil Judge at Nizamabad
Between:
G.B. Sayanna Yadav S/o. Sayanna, Aged about50 years, Occ: Car Business (Travel), Rt/o. H.No. B2lF5, Old H.B. Colony, Vinayaknaqar, Nizamabad
...APPELLANT'RESPONDENT/DEFENDANT
AND
K. Shiva Kumar S/o. Lingoji, Aged about 41years,Occ: Photograph Business, Padmalaya Studio, Nizamabad, Fl/o.H.No. 6 14-77, Namdevwada Nizambad.
...RESPONDENTS
sAMP. NO: 982OF 2017
Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filed in support of thepetition, theHighCor-rrtmay be pleasedto suspend the operation ofjudgment and decree passed in AS.NO. 27 oI 2015, dated. 15.03.2017 on thefile of the VlllAdditional DistrictJudge, Nizamabad pending disposal of the second appeal
Counsel for the Appellant: SRl.M. HAMSA RAJ(Not preseirt)
Counsel for the Respondents: SRl. P, BHASKAR
The Court made the following: ORDER
t
THl, HON,BLE DT.JUSTICE G.RADHI\ RANI SECOND APPEAL No.449 oI2017
ORDER:
'l'his Secor i -{ppeal is filed against the.yudgment and Dr:cree dated 15.03.
2017 passerl in I [i.No.27 o(' 20 l5 on rhe flle ol thc .l l l\dditional Disrricr Judgc. Nizarnaba i setting asidc thc .judgnre nr and Deor:,: ,latcd 20.07.2015 passed in C).S.Nr 185 ol 20 IJ on rhc lilc ol' principal Jurior Oivil Judge at Nizamabad.
Miscellan, olts petitions. il'an1 pcnding shall stand ck,s,:d.
Sd/- M. MANJULA
//TRUE COPY//
PI-PI,JTY -REGISTRAR eil.) SECTION OFFICER
To,
L The Vlll Adt iti,:nal Diskict Judgeat Nizamabad
VH"\ I"
HIGH COURT
GRR, J
DATED: 11ltl4l2023
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/
ORDER
SA.No.449 ,f2017
DISMISSIN 3 THE SECOND
APPEAL A i DEFAULT
13),'fr;
1 issue framed by the court
Whether the second appeal should be dismissed for default due to absence of learned counsel for the appellant.
2 provisions across 1 enactments
G.B. Sayanna Yadav
K. Shiva Kumar
G. Radha Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
