Syed Shah Ikbar Nizamuddin ... vs Mohd.Abdul Hameed Hyd
2022 Latest Caselaw 4248 Tel

             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