Boga Suguna Bai And 3 Others v. Boga Shobha Rani

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY .M,A. N 440F 2 15 Appealunderorder43RulelofCPCagainsttheorder/decreeinlA No.31 89 0f 2015 in os No.273l2014 dated 25t06t2015 0n the file of the court of the Principal Senior Civil Judge, Kothagudem, Khammam District. Betwee n:

1 . Booa Suouna Bai, W/o. Late Rama Swamy.

2. Boda Veikateshwara Rao, Sio. Late Rama Swamy,

3. Boga Satyanarayana, S/o. Late Rama Swamy,

4. Boga Suresh, Sio. Late Rama SwamY, ...APPELLANTS/ RESPONDENTS/ DEFENDANTS AND Boga Shobha Rani, W/o. Katakam Krishna, ...RESPONDENT/ PETITIONERY PLAINTIFF For the Appellants : SRI N.A.JAIRAJ, Advocate For the Respondent : SMT J.VIMALA, Advocate The Court delivered the following: JUDGN/ENT

THE HONOT.,RABLE SRI JUSTICE A. VENKATESHWARA REDDY CMA NO.644 0F 2015 JUDGMENT:

No representation for the appellant.

2.

Perused the record. Sri Chandra Shekar learned counsel appearing on behalf of Smt. J. Vimala for the respondent present. The original suit is pending since long time only for arguments. Verified the Case Status Information of OS No.273 of 2014 on the hle of the learned Junior Civil Judge, Kothagudem, which shows that the matter is being adjourned only for arguments from 18.03.2021 and again from I8.O2.2O22 onwards. As per the Case Status Information, it is also noticed that earlier on 2O.1 1.2019 and 03.12.2079 and again on 23.03.2020 the matter was reserved for judgment, thereafter, from i 8.03.202 I onwards it was being adjourned only under the caption for arguments and for orders tlll 27.O7.2021. Again {rom 18.02.2022, It is being adjourned under the caption for arguments and that being the Case Status Information, considering the representation on behalf of the respondents, presence or representation on behalf of appellants is felt essential.

l 3.

This Civil Miscellaneous Appeal is frled by the defendants assailing the orders dated 25.06.2015 in I.A.No.318 of 2015 in OS No.273 of 2Ol4 under XL Rule 1 CPC for appointment of Advocate Commissioner. The trial Court has appointed Sri J. Padmanabha Rao, advocate to take possession of the property to let out it and deposit the rents till the disposal of main suit. It is reported by the learned counsel lor the respondent that the orders impugned u,ere being implemented and that the learned advocate, who r,r,as appointed as receiver, taken over the possession of the schedule property and he is continuing to deposit the rents of the same in the Court.

4.

Under these circumstances, presence or representation on behalf of appellants is felt essential. Therefore, considering the Case Status Information, which is at advanced stage, and only being adjourned for arguments and also considering the representation of learned counsel for respondents that order impugned is given effect and the learned advocate who tl,as appointed as receiver has taken over the possession, let out the property, collecting the rents and depositing before the trial Court. I do not find any ?, -

-) reasons to adjourn the matter in the absence of proper ;

representation for the appellants.

5.

In the result, the Civil Miscelianeous Appeal is dismissed for default for non-prosecution. The learned Principal Senior Civil Judge, Kothagudem shall make everv endeavour to dispose of the original suit within two months from the date of receipt of a copy of this order, as the suit is being adjourned oniy for arguments, as per the Case Status Information and as per the learned counsel for respondents. In the circumstances, there shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed.

Sd/-N.CHANDRASEKHAR RAO ASSISTANT REGISTRAR \ ,TRUE COPY// @ SECTION OFFICER To The Principal Senior Civil Judge, Kothlgudem. One CC to Sri N.A.Jairaj, Advocate (OPUC) One CC to Smt J.Vimala, Advocate (OPUC) Two CD Copies One Spare CoPY Kj Y

HIGH COURT DATED:2110412022 i g€ Sra;f a co 1 4 JUL 2[22 o .h !_1FsFA'it:

ORDER

CMA.No.644 ot 2015 MACMA is dismissed for default for nonprosecution. w