K.Shankar v. K.Kausalya
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY ON APPEAL NO: 743 F2 Appeal Under Section 100 of C.P.C. against the Judgment and decree dated 15.03.2016 in A.S.No.68 of 201 1 on rhe fite of the Court of the It Additionat Chief Judge, City Civil Court, Hyderabad, preferred against the Judgement and decree dated 31.12.2010 in OS. No. 4'111 ol 2009 on the file of the XIX Junior Civil Judge, City Civil Court at Hyderabad.
Between:
1. K.Shankar, S/o Late K.Agaiah Aged 63 years, Occ: Retd. Govt. Servant,
2. K.Sharat Chandra, S/o K. Shankar, Aged 31 years, Occ : Student Both are residents of H.No.16-11-408/4, Moosarambagh, SBt cotony Road, Hyderaba-36 ...APPELLANT/APPELLANTS/DEFENDANTS AND K.Kausalya. Wo K. Sayanna, Aged 57 years, Occ :Housewife, Ryo H-No.'16-11408/A, L4oosarambagh, Hyderabad ...RESPONDENT/RESPONOENT/PLAINTIFF LA. NO: 2 OF 20'l6(54MP. NO: 1842 OF 2016) 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 grant stay of execution of judgment and decree dated 15.03.16 passed in AS No.68/2011 on the file of Il Addl.Cheif Judge, City Civil Court, Hyderabad confirming the judgment and decree passed in OS No.41 11/09 dated 31.12.2010 on the file of XIX Junior Civil Judge, City Civil Court, Hyderabad pending disposal of the SA Counsel for the Appellants:SRl. SHIVA SHANKER CHOWDARY (NP) Counsel for the Respondents: DAMODAR MUNDRA (NP) The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY SECOND APPEAL No.743 OF 2016 JUDGMENT:
No representation for the appellants and respondent. On the last date of hearing a,lso there was no representation and accordingly, the matte was adjourned to today with a condition that no further adjournments will be granted for advancing submissions on substantial questions of law. Hence presence or representation on behalf of the appellants is felt essential. Therefore, I find no merit to adjourn the matter in the absence of representation on behalf of the appellants. Accordingly, this second appeal is dismissed for default for non-prosecution. In the circumstances of the case, the parties shall bear their respective costs. Miscellaneous petitions, if any, pending, in this second appeal, shall stand closed.
SD/.K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// To, SECTIO FFICER 1 . The ll Additional Chief Judge, City Civit Court at Hyderabad.
2. The XIX Junior Civil Judge, City Civit Cou( at Hyderabad.
3. One CC to SRt. SHTVA SHANKER CHOWDARY Advocate [OPUC]
4. One CC to SRt. DAMODAR MUNDRA Advocate [OPUC]
5. Two CD Cooles
6. One Spare Coov MMA n-.-'
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HIGH COURT DATED:2210412A22 i i;
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JUDGEMENT SA.No:743 of 2016 ON PROSECUTION DISMIS I o