Yepuri Laxmi v. Yepuri Koteswari

132541

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY SECOND APPEAL NO: 876 OF 2014 Appeal under Section 100 of C.P.C. aggrieved by the Judgment and Decree passed in dated 20-06-2014 made in A.S.No.33 ol 2012 on the file of the Court of the Principal District Judge, Khammam, Khammam District, Preferred in the Judgement and Decree passed dated 12-09-2011 in O.S. No. 620 of 205 on the file of the Court of the lllAdditional Junior Civil Judge, Khammam, Khammam District. Between:

Yepuri Laxmi, Wo China Ramalingaiah, Age: 57 years, Occ: Flousehold R/o Vootukuru Village, Makepally Mandal, Khammam District. ...APPELLANT/RESPONDENT NO.1/PLAINTIFF AND'1. Yepuri Koteswari, Wo China Ramalingaiah A and Business R/o H.No.6-3-52154, Bank Khammam Urbar( Mandal, Khammam Dist.

ge: 55 years, Occ: Agriculture Colony, Khanapuram Haveli, ,..RESPONDENT/APPELLANT/DEFENDANT NO. 2

2. Yepuri China Ramalingaiah, S/o late Papaiah Age: 70 years, Occ: Agriculture R/o H.No.6-3-52/5A, Bank Colony, Khanapuram Haveli, Khammam Urban Mandal, Khammam Dist.

...RESPONDENTS/RESPONDENT NO.2/DEFENDANT NO.1 l.A. NO: 2 OF 2014(SAMP. NO: 2494 OF 2014) Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed herewith, the High Court may be pleased to stay the operation of the judgment and decree passed in AS.No. 33 of 2012 dt. 2010612014 by the learned Principal District Judge, Khammam, Khammam District in so far as plaint "B" schedule property as referred in para No. 2 of the impugned judgment, pending disposal of the main Second Appeal. Counsel for the Appellant: SRl. SREENIVASA RAO RAVULAPATI Counsel for the Respondents:

The Court made the following: ORDER

THE HON'BLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY SECOND APPEAL lto.a76 of 2OL4 ORDER:

This application is reported by the learned counsel for the appellant that, the party has taken the bundle from him with no objection Vakalat in the year, 2019. Though the matter is coming up for hearing since one year, none appeared for the appellant.

Therefore, this court is constrained to dimiss the second appeal for default and for non-prosecution with a liberty that whenever the appellant comes with a restoration application, it can be restored if the cause of actlon survlves.

With the above observations, the Second Appeal is dismissed for non-prosecution. There shall be no order as to costs.

Pending miscellaneous applications, if any, sha1l stand closed.

Sd/- T.,KRISHNA KUMAR DEPUW REGISTRAR //TRUE COPY// ,t SECTION OFFICER \ To,

1. The Principal District Judge, Khammam, Khammam District

2. The lllAdditional Junior Civil Judge, Khammanr, Khammam District.

3. Yepuri Laxmi, Wo China .Ramalingaiah, Age: 57 years, Occ: Household R/o Vootukuru Village, Makepally Mandal, Khammam District.

4. One CC to SRl. SREENIVASA RAO RAVULAPATT, Advocate tOpUCl r\V

5. Two CD Copies NJB PSR

HIGH COURT J DATED: 2011012022

ORDER

v \Darpr.ra \\:_;

c,J 15 llAR 2[] SA.No.876 of 2014 DISMISSING SECOND APPEAL FOR NON.PROSECUTION )3