Addepalli Venkata ... vs Alla Subrahmanyam,
2021 Latest Caselaw 1021 AP

    THE HON'BLE SRI JUSTICE M.VENKATA RAMANA

     CIVIL MISCELLANEOUS APPEAL No.593 OF 2015

JUDGMENT:

Heard Sri Challa Ajay Kumar, learned counsel for the

appellant and Sri V.Surya Kiran Kumar, learned counsel for

the respondents.

It is a peculiar and unfortunate situation seen in this

case where, though this appeal is pending against orders of

the first appellate Court namely, the Court of learned XI

Additional District and Sessions Judge, Tenali, against the

decree and Judgment in A.S.No.118 of 2014 dated

26.06.2015, the Trial Court insisted the parties to proceed

with the matter and finally observing that the plaintiff did not

show interest to proceed further on account of which there is

no progress in the Trial from 01.07.2015 onwards, had

chosen to dismiss the suit. On account of the nature of the

Judgment of the trial Court in the suit virtually this CMA has

become infructuous.

In these circumstances, the Civil Miscellaneous Appeal

has to be dismissed.

In the result, the Civil Miscellaneous Appeal is

dismissed. Dismissal of this Civil Miscellaneous Appeal does

not prevent the plaintiffs including the present appellant from

approaching the trial Court for restoration of the suit and any

such effort by the plaintiffs including this appellant shall be

considered by the trial Court strictly in accordance with law.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this appeal

shall stand closed.

________________________________ JUSTICE M.VENKATA RAMANA Date: 19.2.2021 sj

THE HON'BLE SRI JUSTICE M.VENKATA RAMANA

C.M.A.No.593 OF 2015

DATE : 19.2.2021

sj