C.V. Mohiruddinkoya v. Kasa Suryanarayana (Died)

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY A.S.NO.616 OF 1998 JUDGMENT:

No representation for the appellant.

Sri Venkateswara Rao Gudapati, learned counsel for the respondents, brought to my notice that connected A.S.No.729 of 1996 filed for specific performance of agreement of sale and recovery of possession of the property was dismissed on 08.07.2011; the present appeal is filed against dismissal of the suit for grant of damages for unauthorised eviction of the appellant herein; but the suit was dismissed before the trial Court; and in view of dismissal of A.S.No.729 of 1996 by this Court, the appellant is not entitled to claim damages, as there is no question of unauthorised eviction of the appellant herein and prayed this Court to dismiss the appeal.

Recording the submission of the learned counsel for the respondents, the appeal is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.

___________________________ (M.SATYANARAYANA MURTHY, J) 30th September 2015 RRB