The High Court of Telangana dismissed the second appeal in a case involving relief under SC/ST (POA) Act and CPC, noting the appellant was dead to the proceedings and none appeared.
The second appeal is dismissed for non-prosecution. No 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.
[32s8 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
SECOND APPEAL NO: 650 oF 2017
Appeal filed under Section 100 of C.P.C., aggrieved by the Judgment and Decree dated 15.02.2017 passed in A.S.No. 216 ol 2014 on the file of the Special Judge under SCiST (POA) Act - cum - Vll Additional District, Ranga ReddyDistrict at L.B.Nagar confirming the Judgment and Decree dated 13.'10.2014passed in O.S.No. 2002 of 2008 on the file of the Principal Senior Judge,R.R.District.
Between:
...APPELLANTS/ APPELLANTS/DEFENDANTS
AND
P. Aruna, Wio Bishapthi, Aged about 40 years, R/o Bowenpally Secunderabad Rep. by GPA HolderA.Papaiah S/o Ramaiah aged about 68 years Occ Business Ryo Shamshabad Village And Mandal, R-R.District
...RESPONDENTS/ RESPONDENTS/PLAINTIFFS
l.A. NO:2 OF 2017(SAMP. NO: 1368 0F 2017)
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may be pleased to suspend the judgment and decree passed in AS.No. 21612014 dated 15.O2.2017 on the file of Hon'ble Special Judge, under SC/ST(POA) Act-cum-Vll Addl. District Judge Ranga Reddy District at L.B.Nagarpending disposal of the main Appeal.
Counsel for Appellants : Sri SURESH SHIV SAGAR (Notpresent)
Counsel for the Respondent : Sri KURITI BHASKARA RAO
The Court made the following: ORDER
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THE HON'BtE SRI JUSTICE SAMBASTVARAO NAIDU
SECOND APEAL No.65O OF 2OL7
ORDER:
This Second Appeal has been filed for settingaside the Judgment and Decree, dated15.O2.2017in A.S.No.216 of 2Ol4 on the Iile of Special Judge underSC/ST (POA) Act cum-VII Additional District Judge, RangaReddy District at L.B.Nagar by which the Judgment andDecree passed in O.S.No.20O2 of 2OO8 on the frle of Principal Senior Civil Judge, Ranga Reddy District, atL.B.Nagar, dated 13.1O.2014, was confirmed.
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appellants afe not haying intere st to proceed with the appeal.
4 . Therefore, the appeat is liable to be dismissed for non-prosecution.
prosecution. No costs.
As a sequel, pending Miscellaneous Applications, if
any, shall stand closed.
To,
//TRUE COPY//
Sd/- B. CHANDRA PRAKASH ASSISTANT REGIS
sEcTro FFICER
l The speciar Judoe under sc/sr (poA) Act - cum - vI Additionar District, Ranga Reddy D6trict at L.e.tragdi.- '''-'
Njb
HIGH COURT
DATED:01 lOBl2023
ORDER
SA.No.650 of 2017
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DISMISSING THE SA
FOR NON-PROSECUTION
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1 issue framed by the court
Whether the second appeal under Section 100 of CPC be allowed when the appellant had long since ceased to have an interest in the appeal and failed to appear.
B Sailoo and Others
P. Aruna
SAMBASIVA RAO NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
