Banda Ramaiah , Ramulu v. Bandaru Kamalamma

[ 3218 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY SECOND APPEAL NO: 510 OF 2011 Appeal under Section 100 of CPC against the Judgment and decree dated 1910712010 made in AS No.S of 2009 on the file of the Court of the Senior Civil Judge, Jangaon preferred against the Judgment and decree in OS No.117 of 2000 dated 0910212009 on the file of the Court of the Principal Junior Civil Judge, Jangaon.

Between:

Banda Ramaiah @ Ramulu, S/o Bhoomaiah Rl/o Pembarthy Village of Jangaon Warangal District.

...APPELLANT/ APPELLANT/ DEFENDANT AND Bandaru Kamalamma, Wo Anjaiah Rl/o Pembarthy Village of Jangaon Mandal Warangal District.

...RESPONDENT/ RESPONDENT/ PLAINTIFF SAMP. NO: 1191 OF 201'l Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to suspend the operation of the judgment and decree dated 09.02.2009 in OS No.11712000 passed by the Principal Junior Civil Judge, at Jangaon, which was confirmed by judgment and decree dated 19.07.2010 in AS No.52 of 2009 passed by the Court of Senior Civil Judge, Jangaon, pending disposal of the above SA SAMP. NO: 1192 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant injunction restraining the respondents herein and their men from interfering with the suit schedule property in OS No.1 1712000 on the file of the Court of the Principal Junior Civil Judge, at Jangaon, Warangal District pending disposal of the above SA For the Appellant : SRI G.KISHORE KUMAR, Advocate (not present) Forthe Respondent: NONE APPEARED The Court delivered the following : JUDGMENT

THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY SECOND APPEAL No.51O OF 2O11 JUDGMENT:

Learned counsel for the appellant called absent. No representation. As per proceedings dated 21 .O3.2O22 also learned counsel for the appellant was absent and the matter was directed to be listed under the caption for dismissal. Hence, presence or representation on behalf of the appellant is felt essential to proceed further. I do not find any merit to adjourn the matter in the absence of proper representation on behalf of the appellant as directed vide proceedings dated 21.O3.2022. Accordingly, this second appeal is dismissed for default for non-prosecution.

In the circumstances of the case, the parties shall bear their respective costs. As a sequel, miscellaneous petitions, if arry, pending, in this second appeal, shall stand closed. sd/-B.S.CHIRANJEEVI JoTNLRE$rsrRAR //TRUE COPY'

SECTION OFFICER To l.TheSeniorCivilJudg-e,atJangao.n,Waran'gal.(withrecords) 2-ThePrincipalJunioru.,'rL,og-",Jangaon,Waran-g.alDistrict.

6. d:,'ib iJsiic.t<i.r'or." Kurn'ar' Advbcate [oPUC]

4. Two CD CoPies

5. One SPare CoPY t9. I /

HIGH COURT DATED:0110712022 ..$

JUDGMENT

\ SA.No.510 of 2011 DISMISSING THE SA FOR DEFAULT, FOR NON-PROSECUTION.

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