Masjid Managign Committee, New Boiguda,,Secbad v. Smt. Sarojana

[ 3208 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA SECOND APPEAL NO: 523 OF 2OO4 Appeal Under Section 1O0 of C.P.C against the Judgment and Decree Dated 13.10.2003 made in A.S. No. 32 of 1997 on the file of the Court of the 1"t Additional Chief Judge, City Civil Court, Secunderabad, Preferred against the Judgment and Decree passed in O.S. No. 23 of 1990, Dated 31.'12.'1996, On the fih of the Court of the Principal Rent Controller-cum-XVll Assistant Judge, Secunderabad. Between:

Masjid Managing Committee, New Boiguda, Secunderabad, Rep. by its Secretary, Mohd Hashim/S/o.Bahseer Khan Presently Habeeb Ur Rahman R/o. New Bhoiguda, Seunderabad.

...APPELLANT/RSPDT/PLAINTIFF AND

1. Smt. Sarojana, Wo.Sataiah, R/o. H.o. 6-1-356 Near Rail Kalarang, New Bhoiguda, Seunderabad.

2, The Chairman, A.P. Wakf Board, Hydereabad. (R-2 lmpleaded as Per Court Order dated 26.06.2004) ...RSPT/APPLNT/DFNDT l.A. NO: 2OF 2001 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 direct the respondent not to withdraw the amounts already deposited to the credit of First Appeal in AS No.32 of 1997 in the interest of Justice. counsel for the Appellant : SRl. R. CHANORASHEKAR REDDY (Not Present) Counsei for the Respondent : NOI'IE APPEARED The Court made the following:

THE HONOURABLE SMT JUSTICE P. SREE SUDHA SECOND APPEAL No.523 OF 2OO4

JUDGMENT

On 31.07.2023, there was no representation on behalf of the appellant. Though the matter is listed today under the caption "For Dismissal" there is no representation on behalf of the appellant. Learned counsel for the appellant failed to pay batta as per the order dated L9.O2.2O14, and thus respondents did not turn up. The case against respondent No.1 is dismissed for default. The appellant failed to pursue the litigation.

2.

Accordingly, this appeal is dismissed. No costs. 3.

Miscellaneous applications, pending if any, shall stand closed.

Sd/.M. MANJULA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The l"t Additional Chief Judge, City Civil Court, Secunderabad. (With Records)

2. The Principal Rent Controller-cum-Xvll Assistant Judge, Secunderabad.

3. One CC to SRl. R. CHANDRASHEKAR REDDY, Advocate [OPUC]

4. Two CD Copies DL g L

t HIGH COURT DATED:16/08/2023 (-\ \\"

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JUDGMENT

SA.No.523 ot 2004 I c.

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\-\ orl- \+ ai\\l t-, * DISMISSING THE S.A.

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