Y. Jagan Mohan Reddy v. Y. Prathap Reddy And 3 ORS

[ 3317 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE EIGHTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL MISCELLANEOUS APPEAL NO: 74 OF 2008 Appeal under order 43 rule 1 of CPC against the order and Decree dated 14.O8.2007 passed in O.A.NO.791 of 2006 in O.S.NO.146 of 2003 on the file of the court of the Xll Addl Chief Judge, city civil court (FTC) Hyderabad Between:

Y. JAGAN MOHAN REDDY, S/o.Y. Linga Reddy Business Rl/o.Plot No.41, IV.L.A.Colony, Road No.12, ...APPELLANT AND 1 . Y: PRATHAP REDDY, S/o.Y.Linga Reddy Business Fyo.3-.10-1 , Ramantlrapur Hyderabad

2. Y. Chandrakanth Reddy, S/o.Y.Linga Reddy Business Rl/o.3-4-770, Barkathpura, Hyderabad

3. Abid Pasha, S/o. Not known to the appellant Business R/o.Moghul Function Hall, Engine Bowli Hyderabad

4. S. Bushi Reddy, S/o.Not known to the appellant Business Rl/o.Sri Sai Wines, Engine Bowli, Falaknuma ...RESPONDENTS l.A. NO: 1 OF 2008(CMAMP. NO: 167 OF 2008) Petition under order 39 Rule '1&2 R/W Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased restrain the respondents No.3 & 4 from interfering with his peaceful possession and enjoyment over the suit Schedule property I.A. NO: 2 OF 2008(CMAMP. NO: 168 OF 2008)

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 suspend the operation of order dated 14.8.2007 in 1.A.No.791 of 2006 in O.S.No.146 of 2003 passed by the Xlt Additional Chief Judge(FTC), City Civil Court at Hyderabad l.A. NO: 3 OF 2008(CMAMP. NO: 169 OF 2008) 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 receive typed copies of two registered sale deed dated 29.1 1 .2006 bearing docurnents Nos.25765 and 25766.

Counsel for the Appellant: SRl. VIVEK JAIN Counsel for the Respondents 3&4: SRI V VENKATARAMANA (NOT PRESENT) Counsel for the Respondent No.1: None appeared The Court made the following: JUDGMENT

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL MISCELLANEOUS APPEAL No.74 of 2O08 JUDGMENT:

(Per Hon'ble Dr.SA,l) Heard. Perused the record.

2.

The learned counsel for the appellant would submit that he addressed a letter to the appellant seeking instructions and even though said letter was delivered to him, he did not turn up. 3" It is an old C.M.A pending since 2008. The appellant is supposed. to be diligent in pursuing the matter.

4. In view of these circumstances, this Civil Miscellaneous Appeal is dismissed for default. Interim suspension granted by this Court in C.M.A.M.P.No.168 of 2008 stands vacated. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

i l SD/. K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// Gb SECTION OFFICER To, 1.

2.

The Xll Addl Chief Judge, City Civil Cour1, (FTC) Hyderabad One CC to SRl. VIVEK JAIN Advocate [OPUC] One CC to SRl. V VENKATARAMANA Advocaie IOPUC] Two CD Copies 4.

KKS iRp

HIGH COURT DATED:0811212022 "t \{E S i.A rE e '( ?" 21 t\]il 2[8

JUDGMENT

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1),, i/ CMA.No.74 of 2008 DISMISSING OF THE CMA FOR DEFAULT WITHOUT COSTS 06t5P