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High Court for State of TelanganaCMA/1268/2008dismissed for default

Mohammed Abdul Aleem v. Dr.Mohammed Abdul Azeem,

2016-06-14S.Ravi Kumar3 pages

HON'BLE SRI JUSTICE S.RAVI KUMAR C.M.A.No.1268 of 2008 Judgment:

This appeal is preferred against the order dated 14-8-2008 in I.A.No.20 of 2008 in O.S.No.12 of 2008 on the file of I Senior Civil Judge, City Civil Court, Hyderabad. Appellant, who is plaintiff, filed the above suit for permanent injunction and in the said suit, he filed I.A.No.20 of 2008 seeking temporary injunction. Trial Court on a consideration of contentions and rival contentions of both parties, dismissed the petition holding that the plaintiff failed to establish his prima facie possession, therefore not entitled for the relief of injunction. Aggrieved by the said order, present appeal is preferred.

2. As seen from the office note, the main suit O.S.No.12 of 2008 was disposed of on 03-7-2012. Inspite of posting this matter under the caption of "Specially Identified Cases", neither Advocate for appellant is present nor any representation is made on behalf of appellant. Advocate for respondents represented that main suit itself is disposed and the C.M.A has become infructuous. Considering these reasons, the appeal is dismissed for non prosecution. As a sequel, miscellaneous petitions, if any, pending in this appeal shall stand closed. No costs. ___________________ S.RAVI KUMAR, J.

14th June, 2016.

Ak HON'BLE SRI JUSTICE S.RAVI KUMAR

C.M.A.No.1268 of 2008 14th June, 2016.

(Ak)