THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL MISCELLANEOUS APPEAL No.3214 OF 2003 JUDGMENT: (Per Hon'ble Dr.SA,J) Heard both sides. Perused the record.
2. The appellants have already filed A.S.No.2265 of 2003 in relation to the subject matter of the appeal and the same is pending before this court.
3. The impugned order relates to allowing the application filed for rejection of plaint. An appeal lies against the impugned order. In view of the same, the civil miscellaneous appeal is not maintainable.
4. Accordingly, the Civil Miscellaneous Appeal is dismissed as not maintainable. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 12.10.2022 ssp