Mohmad Hanif vs Baliboyina Ramakrishna Rao ...
2023 Latest Caselaw 655 AP

    THE HON'BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

        CIVIL MISCELLANEOUS APPEAL No.41 of 2015


ORDER:-

      1.

Heard.

2. The Registry submitted the information to the effect

that the main M.V.O.P.No.551 of 2010 on the file of the I

Additional District Judge-Cum-Motor Accidents Claims

Tribunal, Vizianagaram, was disposed of on 29.08.2016.

3. This appeal is preferred the impugned order against

in I.A.No.63 of 2012 in M.V.O.P.No.551 of 2010 which is filed

under Order 38 Rule 5 read with 151 of Civil Procudure

Code,1908 for attachment before the judgment. The concerned

Court ordered the conditional attachment against which the

appeal is preferred.

4. When the matter is taken up for hearing, it is

brought to the notice of this Court by the learned counsel for

the appellant that the M.V.O.P.No.551 of 2010, on the file of the

I Additional District Judge-Cum-Motor Accidents Claims

Tribunal, Vizianagaram was disposed of, therefore, the cause in

the present appeal does not survive for adjudication and the

same can be dismissed as infructuous.

5. In view of the above submission, the Civil

Miscellaneous Appeal is dismissed as infructuous.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall stand dismissed.

_____________________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 07.02.2023

PNS