[ 2566 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE M.LAXMAN SECOND APPEAL NO: 849 OF 1998 Between: 1. Khaja Miyan, (died) per LRs (Petitioner No.3 to 6) 2. Moinuddin, S/o . Mr. Chinu tvlTyan (died LRs 7 to13) 3. Mohd. Ghouse, S/o.late Khaha lvliya, Occ: Employee in BSNL, Rl/o.H.No.19- 1-4361A1115, Osman Bagh, Bahadurpura, Hyderabad, T.S. 4. Mohd.Babu Miyan, S/o.late Khaja Miya, Occ: Labour, Rl/o.lmampur Village, Tq.Gajwel. 5. Yousuf Bee, W/o.Jaleel Miya, Occ: Household, R/o.Wadi-e-Huda, Shaeen Nagar, Hyderabad, T.S. 6. Smt Shabana Begum, D/o.late Khaja Miya, Occ: Household, Rl/o.lmampur Village, Tq. Gajwet. 7. Mrs. Aziz Bee, Wo.late Moinuddin, Occ: Household, R/o.H.No.4-38127614 Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 8. Smt Jahangir Begum, Wo.Syed Aslam, Occ: Household, Rl/o.H.No. 4-381276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 9. Smt Hussain Begum, D/o.lateMoinudin, Occ: Student, R/o.H. No.4-38/276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 10. Mohammed Naseeruddin, S/o.late Moinuddin, Occ: Student, Rl/o.H.No. 4-381276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 11.Md. Nayeemuddin, S/o. late Moinuddin, Occ: Student, R/o.H.No.4-38/276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 12.Md. Nizamuddin, S/o.late Moinuddin, Occ: Student, R/o.H.No.4-38/276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. 13.Md. Nawazuddin, S/o.late Moinuddin, Occ: Student, R/o.H.No.4-38l276lA Deenabandu Colony, Jagadgiri Gutta, Ranga Reddy District. (Appellants 3 to 6 brought on record as LRs of deceased appellant No.1, as per Court Order dated 1411212000 in CMP 26421200O) (Appellants 7 to 13 are brought on record as per the LRs of deceased Appellant No.2 vide Court Order dated 0210212022 in lA No.4 of 2018) ...APPELLANTS/ PLAINTIFFS AND Appeal under Section 100 of CPC against the Judgment and decree dated 2710111998 made in A.S.No.2 of 1991 on the file of the Court of the Senior Civil Judge, Siddipet preferred against the decree in O.S.No.40 of 1984 dated 13/12l1990 on the file of the Court of the District Munsif, Gajwel. Z 1. Alladi Mallaiah (died) per LRs Rl/o.lmampur Village of Revenue' Mandal Toopran, District Medak. 2. Allaai Simallu, S/o Nellori, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 3. Alladi Yellaiah, S/o.Nellori, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 4. Alladi Balaiah, S/o.Balamallu, Rl/o.lmampur Village of Revenue' Mandal Toopran, District [\Iedak. 5. Alladi Mallaiah (died) 6. Alladi Sathaiah, s/o.Balamallu, Rl/o.lmampur Village of Revenue, Mandal Toopran, District lt/edak. 7. Alladi Narsimhulu (died) B. Alladi Balaiah, S/o.Balamalllu, Fl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 9. Alladi Lachaiah, S/o.Balamallu, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 10.Alladi Yellaiah, S/o.Mallaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 1 1. Laxmi, Wo.Bhoomaiah, Fl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 12.Alladi Ramaiah, S/o,.not known to the petitioners, R/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 13.Alladi Narasamma, S/o.Mallaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 14.Alladi Sathaiah, S/o.Mallaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 15.Alladi Komaraiah, S/o. Mallaiah, Fl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 16.Alladi Laxmi, D/o.Mallaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. '1 T.Alladi Lingamma, W/o.Narsimha Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. lB.Alladi NagaMallaiah, S/o.Narsimha, R/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 19. Alladi Yellaiah, S/o.Narsimha, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 20.Alladi laxmi Narsawa, Wio.Pochaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 2 1 . Venkatayya, Wo. Narsimha, Rl/o. I mampur Village of Revenue, Mandal Toopran, District Medak. 22. Pentaiah, S/o.Balaiah, R/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 23. Kistawa, Wo.Balaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 24. Pochamma, W/o.Pentaiah, Rl/o.lmampur Village of Revenue, tvlandal Toopran, District Medak. 25. Lingamma, W/o.Muthaiah, R:/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 26.Alladi Laxmi, W/o.Alladi Muthaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 27.Alladi Shankaraiah, Wo.Muthaiah, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. 28. Bhoodavva, W/o.Ramulu, Rl/o.lmampur Village of Revenue, Ivlandal Toopran, District Medak. 29. Sathawa,.W/o. not known, Rl/o.lmampur Village of Revenue, Mandal Toopran, District Medak. I 3 (Respondents 8,9, 12,22 to 25,28 and 29 dismissed for default vide Court Order dated 01 I 0Bl2O02) ...RESPONDENTS/ DEFENDANTS For the Appellants : SRI M.A.MUJEEB, Advocate (not present) Forthe Respondent No.10: SRI SHANKERLAL, Advocate For the Respondent Nos.2 to 4, 6, 11, 13, 14 to 21,26 & 27 : NONE APPEAdED The Court delivered the following : JUDGMENT /, THE IION'BLE Szu JUSTICB M. !-AXMAN JUDGMENT: l. The present appeal has been assailed against judgment dated 27.01.1998 passed in A.S. No.2 of 1991 by the Senior Civil Judge, Siddipet, confirming the judgment and decree of the primary Court. 2. This appeal is of the year 1998. Leamed Counsels have been taking adjoummenls on one or other pretext. Already adjoumments were granted for the purpose of compromise basing on the representations made by them, but there is no response. The submission of compromise is only to drag on the matter. 3 In the circurnstances, this Court feels that the appellants are not I ready to prosecute the appeal. 4. Therefore" the appeal is dismissed for non-prosecution. Ther-e shall be no order as to costs. 5 As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/.K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPYII CZD SECTION OFFICER To 'l . The Senior Civil Judge, Siddipet. (with records) 2. The District lvlunsif , Gajwel. (with records) 3. One CC to Sri M.A.Mujeeb, Advocate IOPUCI 4. One CC to Sri Shankarlal, Advocate IOPUC] 5. Two CD Copies 6. One Spare Copy 7 $ECOND APPEAL No.849 OF 1998 \ Kj. , HIGH COURT OATED:O810712022 JUDGMENT SA.No.849 of 1998 DISMISSING SA FOR NON.PROSECUTION WITHOUT COSTS. t:.- STAT t ( 0 J i--r) / ,* I 7 B E r 023 o *^\1 %,b