Jahangir Bee And 2 ORS v. Ashraf And 13 ORS

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE P.KESHAVA RAO Date: 01.11.2018 Between:

Jahangir Bee, W/o.Chidri Abdul Hasan, Occ: Agriculture, aged about 66 years, R/o.H.No.19-2-11/149, Bilalnagar, Kalapattar, Hyderabad, rep. by her Agg. Cum G.P.A. Holder Mahaveer Jain, S/o.Bhawarlal Jain, Aged 38 years, Occ: Business, R/o.Pot Market, Secunderabad and two others.

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Appellants And Ashraf S/o.(Late) Chidri Mohammed Sab, Aged about 40 years, Occ: Business R/o.Alampur Chowrashta, Mehaboobnagar district and 13 others.

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Respondents Counsel for the Appellants :

Mr.Khaza Nizamuddin for Mr. Naveen Kumar Goud for Appellant No.1 Mr.T.Venkat Raju Goud for Appellants No.2 and 3 Counsel for the Respondents: Mrs. V.Bindu for Mr.K.Durga Prasad for R8 The Court made the following:

CVNR,J & PKR, J Date:01.11.2018 Judgment: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This civil miscellaneous appeal is filed against order dated 28.08.2012 in I.A.No.21 of 2011 in O.S.No.6 of 2011 on the file of the II Additional District Judge-cum-Fast Track Court, Mahaboobnagar district at Mahaboobnagar.

2.

At the hearing, Mr.Khaza Nizamuddin, counsel representing Mr.M.Naveen Kumar Goud, learned counsel for appellant No.1 and Mr.Venkat Raju Goud, learned counsel for appellant Nos.2 and 3, submitted that during the pendency of this appeal, the suit was dismissed for default and that though the application for restoration of the suit filed by the appellant is pending, so far, the suit is not restored. Both the learned counsel submitted that as on today, the appeal does not survive for adjudication.

3.

In the light of the above submissions, the civil miscellaneous appeal is disposed of as infructuous.

4.

As a sequel to the disposal of the civil miscellaneous appeal, I.A.No.1 of 2012 (C.M.A.M.P.No.2561 of 2012) stands disposed of as infructuous.

__________________________________ (C.V.Nagarjuna Reddy, J) _____________________ (P.Keshava Rao, J) Date: 01st November, 2018 msb

CVNR,J & PKR, J Date:01.11.2018