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K.Sadhu Sunder vs. Satya Sunder

Final Order
Court:Punjab & Haryana, Special (High Court)
Judge:Hon'ble P.Sree Sudha
Case Status:Unknown Status
Order Date:22 Mar 2022
CNR:HBHC010239692010

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Order Issued After Hearing

Purpose:

Interlocutory

Before:

Hon'ble P.Sree Sudha

Listed On:

22 Mar 2022

Order Text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

S.A.M.P.No.1818 OF 2016 IN SECOND APPEAL NO: 353 OF 2010

Between:

Mr. K.Sadhu Sunder, S/o late K.Satyanandam, aged 82 years, Occ: Retired Government Servant, R/o 12-7-131 & 131/1, New Mettuguda, Secunderabad and presently went to USA.

...PETITIONER/APPELLANT

AND

    1. K. Satya Sunder, (died per LRs) K. Vidyarthi-Son, 47 years, K. Devasundari-Daughter 45 years.
    1. Jyothi Priyaraj (died per LRs), G. Padma Sindura- Daughter, Joshua- Son
    1. K.S. Deepanandam, S/o Late Satyanandam, aged 72 years, Occ: Senior Citizen.
    1. P.Joseph Samuel, S/oLate Pathripala, aged 65 years, Occ: Business
    1. K.Alice Praveen KUmar, D/o late K. Prasanna Kumar, aged 58 years, Occ: Household
    1. K. Fereniya Christiana, D/o late K.Prasanna Kumar, aged 55 years, Occ: Household,
    1. K.P. Stevenson, S/o late K. Prasanna Kumar, aged 54 years, Occ: Household
    1. K. Impala Christiana, D/o Late K. Prasanna Kumar, aged 52 years, Occ: Household
    1. Jarius Prasanna, D/o late K.P. Samson, aged 35 years,
    1. Bilon Aristotil, S/o late K.P. Samson, aged 33 years,
    1. Joel Stephenson, S/o late K.P. Samson, aged 31 years,
  1. Dezi Gospalina, D/o Late K. P. Sampson, aged 29 years, All are R/o 12-7-131/1, on Plot No. 5 & 6 in Sy.No. 755/2, Mettuguda, Secunderabad

...RESPONDENTS/RESPONDENTS

Petition under Order 9 Rule 9 of Code of Civil Procedure praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased pass an order restoring SA No.353 of 2010 to its original stage by setting aside the dismissal order dated 041.09.2016.

The Petition coming on for hearing, upon perusing the petition and affidavit filed in support thereof and upon hearing the arguments of Sri. D. Rajashekar,

Advocate for the Petitioner and of Sri T. K. Raghunath, Advocate for the Respondent Nos.1 & 2 and of Sri V. Ramchander Goud, Advocate for the Respondent Nos.3,5,6,7 & 9 to 12.

The Court made the following ORDER:

" This application is filed by the petitioner/appellant for restoration of S.A.No.353 of 2010 by setting aside the dismissal order, dated 01.09.2016.

Learned counsel for the petitioner stated when the matter was listed on 29.08.2016 under the caption "Interlocutory", he informed to the other side counsel that he has no objection to allow the applications and left home on some work. But it was listed under the caption "for dismissal" on 01.09.2016 and on that day, as he struck up in traffic, he unable to attend the Court in time and the Second Appeal was dismissed for default.

Considering the reasons stated by the petitioner, the application is ordered."

SD/- B.S. CHIRANJEEVI JOINT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

  1. The XX Additional Chief Judge, City Civil Court, Secunderabad.

The AX Additional Officer Judge, City Civil Court, Securideraba. The III Senior Civil Judge, City Civil Court, Securideraba. One CC to Sri D. Rajashekar, Advocate [OPUC]

  1. Two CD Copies

  2. One Spare Copy

gbr

HIGH COURT

DATED: 22/03/2022

ORDER

S.A.M.P.No.1818 OF 2016 $\mathsf{IN}$ SECOND APPEAL NO: 353 OF 2010

APPLICATION IS ORDERED

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Order(1) - 22 Mar 2022

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