Devu Anuradha v. R B Raghunath Reddy
[ 3208 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY .THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA l.A.No. 2 OF 2024 IN APPEAL SUIT NO: 66 OF 2018 Between:
Devu Anuradha, Wo. Devu Gopal Rao, aged about 54 years, Occ- Houswife, R/o. Flat No. 301, lndira Mansion, Taranagar, Serlingampalli Mandal, Ranga Reddy District.
... Petitioner/Appella nt AND B.B Raghunath Reddy, S/o R Balreddy, aged about 42 years, OccBusiness, R/o H.No. 1-36t1/12180, Chandi Nagar, Serilingamp2lti Mandal, Ranga Reddy District.
...RespondenURespondent Petition under Order lX Rule 9 of CPC r/w. 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 set aside the order dated j6-02-2O24 and restore the A.S.No 66 of 2018 before this Hon'ble Court.
Counsel for the Appellant : M/s. Chittimalla Chandrakala Counsel forthe Respondent : Sri V. Brahmaiah Chowdary The Court made the following: ORDER This application is filed to set aside the order dated 16.02.2024 and restore the A.S.No.66 of 2018.
Learned counsel for the petitioner aM learned counsel for respondent No.5 present.
Suit is filed for specific performance but there is no representation on both sides on 09 022024 and then matter was posted to 16.02.2024 under the caption
"For Dismissal". Even after listing the matter for dismissal caption on 16.02.2024 also there was no representation on both sides and hence appeal was dismissed for default and now came up with this application for restoration. It was stated that the case was endorsed to the another counsel and he was not noticed the listing the case when case is taken up for hearing. It is for the counsels to verify and represent the matter but they failed to do the same. But considering the fact that both the learned counsel absent, this Court finds that it is just and reasonable to restore the appeal. Accordingly, this application is allowed on cost of Rs 3,0001 payable to the State Legal Services Authority within a period of one (01) week from today. Sd/- P- CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, The Xlll Additional District and Sessions Judge, L.B.Nagar, Ranga Reddy Diskict.
The Section Officer, Appeal filing Section, High Court for the State of Telangana at Hyderabad.
One CC to M/s. Chittimalla Chandrakala, Advocate IOPUC] One CC to Sri V. Brahmaiah Chowdary, Advocate IOPUCI Two CD Copies J.
4.
5.
N.ibigh @i NOTE: Costs of Rs.3,000/- have been paid by M/s. Ch. Chandrakala, Counsel for the Petitioner to the Telangana State Legal Service Authority, Hyderabad and filed Memo on 29.10.2024 vide USR No.
105278
HIGH COURT DATED:2811012024 r ' EL4 \"/ s\ \sy "94 ;) * oa :afi ^\ \-5 .l It
ORDER
-q ( l.A.No. 2 of 2024 ln AS.No.66 of 2018 * 3 u,:,",,{ ALLOWING THE I.A WITH COSTS