IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE P.SREE SUDH SECOND APPEAL NO: 1467 OF 2005 Appeal Under section 100 of C.P.C. against the Judgment and Decree dated 09-'t 1-2005 made in A.S.No.84 of 2003 on the file of the Court of the V Additional District Judge at Warangal. Between: AND 1. Mis. Ashoka Hotel,, Represented by its K Amarender Reddy, S/o Venkat Reddy, Occ- Agriculture, Rayaparthi Village and ltlandal, Warangal District' 2. Dhommati Komuraiah,, S/o. IVluthaiah, Occ- Asst. Statistical Officer, O/o MRO, Rayaparthi Village and ltilandal, Warangal District. 3. Deshineni Venkat Vasantha Rao,, S/o. Venkat Rao, Occ- Junior Assistant, O/o. MRO, Rayaparthi Village and Mandal, Warangal District. 4. Mohd. Abdul Raheem,, S/o Narayana' Occ- Asst Teacher, C P'S', Rayaparthi Village and lrilandal, Warangal District. 5. Chinthanuri Ravinder,, S/o. Narayana, Occ- Asst. Teacher, C.P S , Rayaparthi Village and Mandal, Warangal District. 6. Chidurala Padmadevi,, Wo. Sri Someshwar Rao, Occ- Asst Teacher of Girls Primary School, Rayapathi Village and tvlandal, Warangal District' ...AppellanUAppel lanUDefendants Prathiphala Chit Fund (P) Limited, Warangal-, Represented by its Foreman P. Prakasham, S/o. Kailasam R/o. Warangal. ...RespondenURespondenUPlaintiff IA NO: 20F 2005 (SAM P No. 2986 0F 2005) petition under Section i 51 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to Stay a'further proceedings in E.p.No. 265 0f 2003 in o.S.No. 661 0f 200.r on the fire of 'Addr' senior civir Judge at warangar , pending disposar of sA 1467 0f 2005. on the file of the High Court. Counsel for the Appeltant: SRl. J. VENKATESWARA REDDY, Advocate Counsel for the Respondent: SRl. A. RAMAKRISHNA REDDY, Advocate The Court made the following: JUDGMENT ( 1, PSS, J, S A No.1.167 of 2005 HONOURABLE SMT. JUSTICE P. SREE SUDHA SECOND APPEAL No.1467 OF 2OOs JUDGMENT: The present appeal has been filed against the judgment and decree dated 09.1 1.2005 passed in A.S.No.84 of 2OO3 on the hle of the V Additional District Judge, Warangal. 2. Prathiphala chit Fund Private Limited, Warangal/(respondent/plaintiff) Iiled O.S.No.66 1 of 20Ol against the appellants/ defendants for recovery of an amount ol Rs.93,574-50 ps with future interest @ 12 % per annum from the date of suit till realisation. The trial Court considered the oral and documentary evidence and decreed the suit. 3. Aggrieved by the said order, the defendants in the suit filed appeal being A.S.No.B4 of 2003, but it was dismissed confirming the I Judgment of the trial Court, against rvhich, they preferred this second appeal. 4. l,earned counsel for the appellants submitted that they have deposited an amount of Rs.66,2OO/ - while preferring the appeal and also submitted that the said Chit Fund Company became defunct. ( 2 PSS, J, S.A No.1467 ot2005 5. Learned Counsel for respondent did not turn up, inspite of number of adjournments, as such, it was deemed that there were no a-rguments on behalf of the respondent and that the Chit Fund Company itself became defunct. The appellants herein cannot get the relief sought for by them in the Second Appeal, as such, Second Appeal itself is not maintainable and is liable to be dismissed. Therefore, this Court without going in to the merits of the case, finds it reasonable to decide that the Second Appeal is not maintainable and is liable to be dismissed. 6. In the result, the Second Appeal is dismissed. There shall be no order as to costs As a sequel, miscellaneous applications pending, if any, shall stand disposed of SD/-K. SRINIVASA RAO JOINT REGIST //TRUE COPY// SECTION OFFICER To, L l he V Additional District Judge, Warangal' i. -l[" f f Additionat Scniot Civil Judge at Warangal' :. On" CC to J VENKAI'ESWAR REDDY' Advocate IOPUCI i. ir." CC to A RAMAKRISHNA REDDY' Advocatc IOPUCI 5- Turr CD CoPies PSR \ \\z- HIGH COURT CVR,J DATED:0311012023 JUDGMENT SA.No.1467 of 2005 D!SMISSED. f, -(t{e STA}6 IP 21 0E[ 20n a > a- ntspr-r r'(t// 14,