Sarasam Rama Laxmi v. Cap Ggk Raju (Died)

[ 3253 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI lA NO: 1 OF 2019 IN & AND APPEAL SUIT NO: 97 OF 2019 Appeal under section 96 of C.P.C. aggrieved by the judgment and decree dated 05-06-2018 passed in the OS.NO.582 of 2O1O on the file of the lll Additional District Judge, R.R. District at L.B. Nagar.

Between:

Smt. Sarasam Rama Laxmi @ Rajya Laxmi D/o Late lvl. Muthaiah W/o Late S. Yadi Reddy, Aged 50 years, Occ-Housewife, Rr/o Plot No.105, Flat No.5, Sri Venkatasai Residency, Subash Nagar, IDA Jeedimetla Mandal, R.R. District.

...APPELLANT/PLAINTIFF AND

1. CAP.GGKRAJU (q of ied, the defendant No.3 to 6 brought on record as per order in lA NO.1 143 2012. dt.20-06-2013)

2. S| (q of nt. D. Ramulamma ied, the defendant No.7 and 8 brought on record as per order in lA No.564 2016, dt.02-03-2016)

3. GS Roshan Raju, S/o Late Cap.GGK Raju, Aged about 43 years, OccAgriculture, R:/o. Flat No.302, Mahalaxmi Paradise, Road No.3, West Maredpally, Secunderabad.

4. Gopala Ranga Raju, S/o Late Cap. GGK Raju, Aged about 41 years, OsftccAgriculture.

5. G. Sridhar Raju, S/o Late Cap. GGK Raju, Aged about 36 years, OccService.

6. Mrs. G. Sridevi, Wo Wing Commander, GVNK Varma D/o. Late Cap. GGK Raju, Aged about 36 years, Occ- Agriculture .

-- "----7 The Respondent No.3 to 6 Ryo 175, AWHO Colony, Sector-A, Secunderabad500 009. a.

D. Narsimha, S/o Late Laxmaiah, Aged about 60 years, Occ- Agriculture, H.No.2-73, R/o Shamirpet (V) and (M), R.R. District. I D. Krishna, S/o Late Laxmaiah, Aged about 48 years, Occ- Agriculture, R/o. H.N0.2-66l7, Shamirpet (V) & (M), and R.R. Distritt. ... RESPONDENTS/DEFENDANTS IA NO F 2019 i Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone delay of 156 days in preferring the above appeal. Counsel for the Appellant: SRl. M. JANARDHAN RAO Counsel for the Respondent Nos. 3 to 6: SRl. SRINIVAS POLAVARAPU Counsel for the Respondent Nos. 7 & B: SRI AKKAM ESHWAR The Court made the following: COMMON JUDGMENT

THE HON'BLE SMT JUSTICE M.G.PRIYADARSINI I.A.No.1 OF 20L9 IN AND APPEAL SUIT No. 97 0F 20L9 COMMON JUDGMENT:

Learned counsel for the appellant sought time to comply with the orders dated 16.08.2023 passed in I'A'No' I of 2Ol9' However, a perusal of proceeding sheet discloses that in spite of giving fair opportunities on the earlier several occasions i.e., en 21.Og.2023, 16.70-2023, the appellant failed to comply with the orders dated 16.08-2023.

The proceeclirrg sheet further discloses that the time granted for deposit of costs was extended on O7' 11'2023 in I.A.No. 1 of 2019. Still the appellant seeks further time to comply with the conditional orders. Hence, it is presumed that the appellant is not interested to proceed with the appeal' Therefore, the I.A.No. 1 of 20 19 filed for condoning the delay of 156 days in preferring the appeal is hereby dismissed' Consequently, the Appeal Suit is rejected' There shall be no order as to costs.

Miscellaneous applicatiorls, if any, pending shall stand closed.

SD/- SRI K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, The lll Additional District Judge, R.R. District at L.B- Nagar One CC to SRl. [,1. JANARDHAN RAO, Advocate [OPUC] One CC to SRl. SRINIVAS POLAVARAPU, Advocate [OPUC] One CC to SRl. AKKAM ESHWAR, Advocate [OPUC] Two CD Copies +------'+--<=-r-.--sjr---,ji-{;il

HIGH COURT DATED: 2011112023 T{ rcf s $ (

JUDGMENT

c Joo 0 I ,iA !\i 2024 zo ^L !.A.NO. 1 0F 2019 IN & AND AS.No.97 of 2019 ,J * gO * t P REJECTING THE APPEAL SUIT