Shabana Khatoon And Another v. Mr.Faiqa Tasneem

[3215 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR - PRESENT THE HONOURABLE DR. JUSTICE G.RADHA RANI CIVIL MISCEL LANEOUS APPEAL NO: 149 OF 2018 Appeal Under Section 43 Rule 1(r) of CPC against the order and decree dated 24-10-2017 made in 1.A.No.446 0f 2017 in o.s.No.74',l12017 0n the file of the court of the XVll Additional senior civil Judge, city civil court at Hyderabad. Between:

Shabana Khatoon Wo. Ayub Khan, Aged about 47 years, Occ- Household, nio. fiat No, 30 1, 3rd Floor of RAYAN ESTATE Forming Part of premises No' 1 6-3-866, Chanchalguda, Hyderabad.

Avub Khan, S/o. Sardar Khan, Aged about 47 years, Occ- Household, R/o' rtLi uo.30i, 3rd Floor of RAYANESTATE Forming Part of premises No. 163-866, Chanchalguda, HYderabad. .APPELLANTS/RESPONDENTS/DEFEN DANTS AND Mrs. Faiqa Tasneem Wo. Syed Khundmeer, Aged about 47 years, Occiousenot, R/o. H.No. 16-3-E]66, Chanchalguda, Hyderabad, Rep. by his GPA Holder Syed Khundmeer S/o. Syed Chandmiya, Aged about.50 years' Occ- Civil Engiheer, Rio. H.No.16-3-866, Chanchalguda, Hyderabad. ...RESPONDENT/PETITIONERYPLAINTIFF :2OF 2018 IANO Petition under Section 5 of limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Gourt may be pleased to condone the delay of I days in preferring the above appeal. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to

suspend the operation of the order and decreetal order dated 24-1C-20'1 7 passed in lA.No. 446 of 2017 in OS.No. 741 of 2017 on the file of the XVll Additional Senior Civil Judge, City Civrl Court at Hyderabad. Counsel for the Appellants: Sri Mohd Shujauddin Counsel for the Respondent: Sri M. M. Ali The Court delivered the following JUDGMENT:

THE HON'BLE DT.JUSTICE G.RADTIA RANI CNTLMTSCELLANEOUS APPEAL No.149 of 2018 JUDGMENT:

This Civil Miscellaneous Appeal is f,rled by the appellants-defendants aggrieved by the order dated 24.10.2017 passed in I'A'No'446 of 2017 in O.S.No.741 of 2017 by the XVII Additionat Senior Civil Judge' City Civil Court at Hyderabad, as the interim injunction application filed by the respondent-plaintiff was allowed.

2.

When the matter is taken for hearing, it was reported that O.S.No.74l of 2017 itself was dismissed ot 04'01'2023 by the XVII Additional Senior Civil Judge, City Civil Court at Hyderabad and the appeal against the order in I.A.No.446 of 2017 in O'S'No'741 of 2017 would become infructuous.

In view of the above submission, this civil miscellaneous appeal is closed as infructuous. No costs.

Miscellaneous petitions, if any pending shall stand closed' Sd/. K. SRINIVASA RAO / JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, TheXVllAdditionalseniorCivilJudge,CityCivilCourtatHyderabad. One CC to Sri Mohd Shujauddin, Advocate [OPUC] Orle CC to Sri tvl. M. Ali, Advocate [OPUCI w TvJo CD Copies VH/'..h

HlGH COURT DATED: 0910712024 aO B ' , ,;:II t,

JUDGMENT

I CMA.

o.149 of 2018 / CLOSING THE CMA AS INFRUCTUOUS 6*?(a Ss*