Mohammed Azam Moinuddin v. Heh Nizam And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE SAMBASIVARAO NA]DU l CITY CIVIL COURT APPEAL No: 269 0F 2018 Appeal Under Section g6 rlw Order 4'l rule 1 of C.p.C against the Judgment and Degree Dated 8/6/2018 made in EA.No.71 of 2o1B in E.p. No.4B of 2017 in o.s No. 110 ot 2007 on the file of the cou( of the ilt Additionat chief Judge, city civil Court at Hyderabad.
Between:
Mohammed Azam Moinuddin, S/o. Late Mohd Zahooruddin, Age 73 years, Occ: Business, No 20-7-513, Fateh Darwaza, Hyderabad, T.S ...APPELLANT/CLAIM PET]TIONER AND
1. Heh Nizam, Rep. by its Awakf Committee Through its secretary Mohd. Kasim Raza, S/o. Late. Kasim Raza, age about 71 yeirs, Having registered office behind Judi Mosque, King Koti Hyderabad, T.S.
2. Mohammed Mouinuddin, S/o. Late. Zahooruddin (Died) per LRs
3. Zeenath .Begum, Wo. Late. Mohd Mouinuddin, Age: 66 years, Occ: Household, P.Jo. 19-3-20 1 I 44, Jahanuma Hyderabad.
4. Neseem Sultana, Wo. Late. Mujahid Ali Khan, Age: 42 years, Occ: Household, N o. 19-3-201 I 44, Jahanuma Hyderabad. ...RESPONDENTS/DHr/JDR NO.1 TO 3 lA NO: I OF 2018 Petition under Section 1 51 of cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in Ep.No. 4\l2o17 in bs.No. 11otioo7 pending on the file of Ill Additional chief Judge, city civil court at Hyderabad till the disposal of the appeal.
Counsel for the Appellant: SRl. R UMENDER KUMAR Counsel for the Respondent No.l: SRl. AARIFA IMRAN KHAN The Court made the following: JUDGMENT
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU c.c.c.A No.269 0F 2()18 JUDGMENT:
None appeared for the appellants. On the face of the proceeding sheet, even on the previous dates of hearing, there was no representation for the appellant and that on O4.O7.2O23 at the request of learned counsel this Court granted adjournment with condition order. In spite of such conditional order, today none appeared for the appellant. Thus, it appears that the appellant is not interested to prosecute the matter vigilantly and diligently anymore. Therefore, this appeal is liable to be dismissed for nonprosecution. 2.
Accordingly, this appeal is dismissed for nonprosecution. Pending miscellaneous applications, if any, shall stand closed. No costs.
SO/. K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// '*// SECTION OFFICER To,
1. The lll Additional chief Judge, city civil court at Hyderabad (with records)
2. One CC to Sri. R. UMENDER KUMAR Advocate [OPUC].
3. One CC to Sri. AARIFA IMRAN KHAN, Advocate tOPUCl.
4. Two CD Copies.
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HIGH COURT DATED: 1110712023 \
JUDGMENT
r o TEt4 C2 .s + :u lo a1- :t s b \ *o CCCA.No.269 of 2018 ,( \.\ * c HC DISMISSING THE APPEAL FOR NON PRESECUTION WITHOUT COSTS 6\ r,\t} -- q6r