P. Kusuma v. O. Kistaiah

HONOURABLE SRI JUSTICE B.N. RAO NALLA CIVIL MISCELLANEOUS APPEAL No.702 OF 2012 September 17, 2012 Between P.Kusuma, W/o.P.Raju And others ... Appellants and O.Kistaiah, S/o.O.Alaiah And others ... Respondents HONOURABLE SRI JUSTICE B.N. RAO NALLA CIVIL MISCELLANEOUS APPEAL No.702 OF 2012 JUDGMENT:

This is an appeal preferred by the appellants herein/defendants 7 to 10 in I.A.No.1156 of 2011 in O.S.No.2181 of 2011 on the file of the Court of the II Senior Civil Judge, City Civil Court, Hyderabad. The said application filed by the plaintiff/first respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 was allowed on 29.12.2011 directing both parties to maintain status quo ante in respect of the suit schedule property, pending disposal of the main suit.

This appeal was preferred on 11.7.2012. Thereafter, on 01.8.2012 and 03.8.2012, at the request, the matter was adjourned. Thereafter for the consecutive adjournments on 09.8.2012 and 28.8.2012, none appears for the appellants and there was no representation. Today also, none appears for the appellants and there is no representation.

In view of the above, it appears that the appellants have no

interest in prosecuting the appeal. In the circumstances, this Court has no option except to dismiss the appeal for default. Therefore, the Civil Miscellaneous Appeal is dismissed for default. The miscellaneous applications, if any, pending are closed. No costs.

___________________ B.N. RAO NALLA, J September 17, 2012.

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