Citation : 2025 Latest Caselaw 1018 Tel
Judgement Date : 10 January, 2025
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
WEDNESDAY, THE ELEVENTH DAY OF JUNE,
TWO THOUSAND AND FOURTEEN
: PRESENT :
THE HON'BLE SRI JUSTICE: ASHUTOSH MOHUNTA
AND
THE HON'BLE SRI JUSTICE: M.SATYANARAYANA MURTHY
CCCA. Nos. 120 of 2013 & 77,80,81 and 82 of 2002
CCCA.No. 120 of 2013:
(Appeal under Section 96 of CPC against the Judgment & decree of the
Court of the XIII Additional Chief Judge, City Civil Court at Hyderabad made
in OS.No. 115/2006 dt. 28-03-2013)
Between:
1. M/s. Image Developers Pvt. Ltd., rep. by its Managing Director Mr.
C.Venkateswara Rao, S/o. Sri Venkataramaiah.
2. C.Venkateswara Rao, S/o. Sri Venkatearamaiah
3. Smt. C.Sesharatnamma (Died)
4. K.Pattabhiramaiah, S/o. K.Anjaiah
5. K.R.V.R.Mohan Rao, S/o. K.Pattabhiramaiah
6. M/s. Image Finance Pvt. Ltd., rep .by its Managing Director Mr.
C.Venkateswara Rao, S/o. Sri Venkataramaiah
7. Kum. Chalasani Soumya, D/o. C.Venkateswara Rao
...Appellants/Defendants
AND
1. N.Subash, S/o. N.M.Choudary, Occ: Business, R/o. Plot No. 198, Road
No.14, Jubilee Hills, Hyderabad - 500 033.
2. Smt. N.Vijayalakshmi, W/o. N.M.Choudary, Occ: Household, R/o. Plot No.
198, Road No.14, Jubilee Hills, Hyderabad - 500 033.
3. N.Ravindra Kumar, S/o. N.M.Choudary, Occ: Business, R/o. Plot No. 198,
Road No.14, Jubilee Hills, Hyderabad - 500 033.
4. Mrs. B.Ratna Kumari, W/o. B.Bhupendranath, Occ: Household, R/o.
Mustabad Village, Gannavaram Mandal, Krishna District.
5. Isaac Christopher, S/o. Not known
6. The Andhra Pradesh State Financial Corporation Limited, rep. by its Managing
Director, Chirag Ali Lane, Abids, Hyderabad - 001.
(RR 5 & 6 are not necessary parties in this petition)
Respondents/Respondents
The Appeal coming on for hearing upon perusing the Petition and the
Grounds filed herein and the order of the High Court 06-11-2013 made in
CCCAMP.No. 514/2013 and upon hearing the arguments of M/s. P.Hemachandra,
Advocate for the Appellants.
CCCA.No. 77 of 2002:
(Appeal under Section 96 of CPC against the Judgment & decree of the
Court of the I Senior Civil Judge, City Civil Court at Hyderabad made in
OS.No. 2083/1997 dt. 23-02-2001)
Between:
M/s. Image Developers Pvt. Ltd., rep. by its Chairman and Managing Director,
C.Venkateswara Rao, S/o. Venkatramayya
...Appellant/Plaintiff
AND
N.Ravindra Kumar, S/o. N.M.Choudhary, Occ: Business, R/o. Plot No. 198, Road
No.14, Jubilee Hills, Hyderabad.
Respondent/Defendant
..2..
The Appeal coming on for hearing upon perusing the Petition and the
Grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao,
Advocate for the Appellant and of Sri B.Adinarayana Rao, Advocate for the
Respondent.
CCCA.No. 80 of 2002:
(Appeal under Section 96 of CPC against the Judgment & decree of the
Court of the I Senior Civil Judge, City Civil Court at Hyderabad made in
OS.No. 2081/1997 dt. 23-02-2001)
Between:
M/s. Image Developers Pvt. Ltd., rep. by its Chairman and Managing Director,
C.Venkateswara Rao, S/o. Venkatramayya
...Appellant/Plaintiff
AND
N.Vijayalakshmi, W/o. N.M.Choudhary, Occ: Housewife, R/o. Plot No. 198, Road
No.14, Jubilee Hills, Hyderabad.
Respondent/Defendant
The Appeal coming on for hearing upon perusing the Petition and the
Grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao,
Advocate for the Appellant and of Sri R.A.Atchuthanand, Advocate for the
Respondent.
CCCA.No. 81 of 2002:
(Appeal under Section 96 of CPC against the Judgment & decree of the
Court of the I Senior Civil Judge, City Civil Court at Hyderabad made in
OS.No. 2080/1997 dt. 23-02-2001)
Between:
M/s. Image Developers Pvt. Ltd., rep. by its Chairman and Managing Director,
C.Venkateswara Rao, S/o. Venkatramayya
...Appellant/Plaintiff
AND
B.Ratnakumari, W/o. B.Hupendranath, Occ: Housewife, R/o. Mustabada Village,
Gannavaram Taluk, Krishna District, A.P.
Respondent/Defendant
The Appeal coming on for hearing upon perusing the Petition and the
Grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao,
Advocate for the Appellant and of Sri B.Adinarayana Rao, Advocate for the
Respondent.
CCCA.No. 82 of 2002:
(Appeal under Section 96 of CPC against the Judgment & decree of the
Court of the I Senior Civil Judge, City Civil Court at Hyderabad made in
OS.No. 2082/1997 dt. 23-02-2001)
Between:
M/s. Image Developers Pvt. Ltd., rep. by its Chairman and Managing Director,
C.Venkateswara Rao, S/o. Venkatramayya
...Appellant/Plaintiff
AND
N.Subash, S/o. N.M.Choudhary, Occ: Business, R/o. Plot No. 198, Road No.14,
Jubilee Hills, Hyderabad.
Respondent/Defendant
..3..
The Appeal coming on for hearing upon perusing the Petition and the
Grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao,
Advocate for the Appellant and of Sri R.A.Atchuthanand, Advocate for the
Respondent, the Court made the following
ORDER:
" Sri G.Ravi, learned counsel representing Sri A.Prabhakar Rao has stated before us that they have given up vakalat on behalf of the appellants in CCCA.Nos. 77, 80, 81 and 82 of 2002 and have no instructions.
A perusal of the proceeding sheet reveals that the counsel for the appellants has availed numerous opportunities and had every time sought adjournment on one pretext or the other. It has now been stated that the party has taken away the brief and they have no instructions in the matter.
Learned Senior Counsel appearing on behalf of the respondents submits that as the counsel for the appellants reported no instructions, therefore, the appeals have to be dismissed for non-prosecution in view of the provisions under Order 41 Rule 17 CPC.
We have given our thoughtful consideration to the entire matter and are of the considered opinion that in view of the complicated questions of fact and law involved in the matter, it is appropriate to adjourn the matter. Accordingly, we adjourn the appeals including CCCA.No. 120 of 2013 to 25-06- 2014 to be heard at 2.15 PM. The appellants should make alternative arrangement for engaging a counsel failing which the cases will be decided based on the material available on record and in accordance with law."
ASSISTANT REGISTRAR
// TRUE COPY // for ASSISTANT REGISTRAR
To
1. The XIII Additional Chief Judge, City Civil Court at Hyderabad.
2. The I Senior Civil Judge, City Civil Court at Hyderabad.
3. C.Venkateswara Rao, S/o. Venkatramayya, Chairman and Managing Director, M/s. Image Developers Pvt. Ltd., R/o. Plot No. 14A, Road No.2, Jubilee Hills, Hyderabad. (By Spl. Messenger)
4. One CC to Sri A.Prabhakar Rao, Advocate(OPUC)
5. One CC to M/s. P.Hemachandra, Advocate(OPUC)
6. One CC to Sri B.Adinarayana Rao, Advocate(OPUC)
7. One CC to Sri R.A.Atchuthanand, Advocate(OPUC)
8. Two spare copies.
SAH HIGH COURT
AMJ & MSMJ
DATED: 11-06-2014
NOTE: ADJOURN TO 25-06-2014 AT 2.15 PM
ORDER
CCCA.NOS. 120/2013 & 77,80,81 & 82 OF 2002
DIRECTION DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 18-06-2014
HIGH COURT
AMJ & MSMJ
DATED: 11-06-2014
NOTE: ADJOURN TO 25-06-2014 AT 2.15 PM
ORDER
CCCA.NOS. 120/2013 & 77,80,81 & 82 OF 2002
DIRECTION
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