Syed Shah Ikbar Nizamuddin ... vs Mohd.Abdul Hameed Hyd

Citation : 2022 Latest Caselaw 4248 Tel
Judgement Date : 23 August, 2022

Telangana High Court
Syed Shah Ikbar Nizamuddin ... vs Mohd.Abdul Hameed Hyd on 23 August, 2022
Bench: M.Laxman
             THE HON'BLE SRI JUSTICE M. LAXMAN

                 SECOND APPEAL No.1163 OF 2001

JUDGMENT:

1. The present appeal has been directed against judgment and decree dated 24.09.2001 passed in A.S.No.285 of 1997 by the XIV Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereby the judgment and decree dt.09.06.1997 passed in O.S.No.5000 of 1993 by the VIII Assistant Sessions Judge, City Civil Court, Hyderabad, was set aside. The said suit was filed by the plaintiff for possession of property and for damages.

2. The present appeal is at the instance of plaintiff. There is no representation from the appellant. The arguments of the respondents were heard and the matter is posted as "Part-heard". In spite of listing the matter under "Part-heard" on multiple occasions, the appellant/plaintiff has not shown any interest to proceed with the appeal. There is deliberate attempt on the part of the appellant to see that appeal is not disposed of.

3. The original suit is of the year 1993 and the second appeal is of the year 2001. The previous docket proceedings show that the case was posted for dismissal on multiple occasions. The above circumstances 2 ML,J SA No.1163 of 2001 show that appellant is not interested in prosecuting the appeal. Hence, the appeal is liable to be dismissed.

4. Accordingly, this Second Appeal is dismissed for non-prosecution. No order as to costs.

5. As a sequel, pending miscellaneous applications, if any, shall stand closed.

_______________ M. LAXMAN, J DATE:23.08.2022 BDR