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High Court for State of TelanganaAS/538/2011dismissed for default

M/S. Kakarania Plastometals Pvt. Ltd., v. Smt Saraswathi Gupa

2020-03-13Shameem Akther3 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE THIRTEENTH DAY OF I\4ARCH TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER AS NO: 538 OF 2011 Appeal under Section 96 of Civil Procedure Code, against the judgment and Decree dated 30.03.20'1 1 in OS.No.2B7 of 2008 on the file of the Courl of the Vlll Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, Hyderabad Between:

M/s. Kakarania Plastometals Pvt. Ltd., Having Office at S-5, Technocrat lndustrial Estate' Phase-l' Balanagar' Hyderabad through its Manager ...Ap'ELLANT/DEFENDANT AND

1. Smt Saraswathi Gupa, W/o. R.P.Gupta Housewife Rlo. 14-2-3321F, Gyanbagh Colony, Presently 5-5-56/1, 1st Floor, Darusalem, Hyderabad.

2. Smt Girija Gupta, W/o. Ajay Gupta Housewife Rlo. 14-2-3321F, Gyanbagh Colony, Presently 5-5-56/1 , 1st Floor, Darusalem, Hyderabad. ,.,RESPONDENTSPLAINTIFFS ASMP. NO: 1863 OF 2011 Petition under Section 151 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 the operation of the judgment and Decree in OS.No.2B7 of 2008 on the file of the Vlll Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, Hyderabad dated 30.03.

201'1 during the pendency of the above referred first appeal lA NO: 3 OF 2018 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass order directing the respondent to pay to the petitioners the arrears of admitted amount of Rs.1,60,000/- being the amount for the months from September, 2017 to June,201B @ Rs.16,0001 per month in respect of schedule property bearing Unit No.S-S in Technocrat lndustrial Estate, Phase-|, situated at Balanagar, Hyderabad, admeasuring 777.50 square yards as per the interim order of this Hon'ble Court, to pay arrears of electricity charges of Rs.37,656/-, arrears of property tax of Rs.6,8'1 ,7531 and difference of rent in lieu of dishonour of cheques of Rs.86,0001, totaling to a sum of Rs.

9,65,4091 and also to pay the arrears of mesne profits @ Rs.

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER A.S.No.538 OF 2011 JUDGMENT:

No representation for the appellant/defendant, in spite of listing the matter under the caption 'for orders'. It appears, the appellant/defendant has no interest to pursue the appeal. 2.

Learned counsel for the respondents/plaintiffs is present and would submit that the suit schedule property was already vacated by the appellant/defendant and possession was delivered to the respondents/pla intiffs.

3.

In view of the same, the appeal is dismissed for default. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs. SD/.K.SRINIVASA RAO DEPUTY REGI AR //TRUE COPY'

SECTION OFFICER To, .l The Vlll Additional senior civil Judge, Ranga Reddv District at L B Nagar' '

(with records) 2 One CC to Sri S Lakshmi Kanth Advocate tq?99l' 5 ffi 66 i;5;i 5G; s Asrawal, Advocate [oPUC] 4 Two CD CoPies JR JM

I I HIGH COURT DATED:13 t03t2020 goi'la '{( -1 t.

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ORDER

lt AS.No.538 of 2011 DISMISSING THE APPEAL SUIT FOR DEFAULT WITHOUT COSTS