Mohan Trading Company vs Sri Kanyaka Financiers
2023 Latest Caselaw 1971 Tel

              THE HON'BLE SRI JUSTICE M.LAXMAN

                   APPEAL SUIT No.1582 OF 2000

JUDGMENT:

1. The present Appeal Suit is filed against the judgment and

decree dated 23.10.1998, in O.S.No.262 of 1989 on the file of the

Court of the learned Principal Senior Judge, Warangal, wherein

the suit filed by the respondent No.1 herein for recovery of money

was decreed against defendant No.1. Aggrieved by the same,

defendant No.1 has preferred the present appeal.

2. The present appeal is filed by the partnership firm viz.,

Mohan Trading Company, Warangal represented by its partner

viz., Racherla Srinivas and the said partner seems to be died

pending the appeal. Thereafter, a representation was made by the

respondents about the death of sole partner and this Court, in fact

exercised suo-motu power to implead other partners based on

partnership deed available on record and ordered to take out

notice. It is stated that in spite of such efforts to serve notice,

partners were not found. Efforts of the Registry to serve notice

also failed. In the said circumstances, this Court left with no other

option except to dismiss this appeal.

3. Accordingly, this Appeal Suit is dismissed. No costs.

Miscellaneous Petition pending, if any, shall stand closed.

______________________ JUSTICE M.LAXMAN 04.09.2023 Dua

THE HON'BLE SRI JUSTICE M.LAXMAN

APPEAL SUIT No.1582 OF 2000

04.09.2023 Dua