M. Krishna Murthy v. Tata Narasimha Rao And Another
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IN THE HIGH COURT FOR T
AT HYDTRIBIfE OF TELANGANA MONDAY,-THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWEN'TY Sii''' "
PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO CIVIL MI CELLANEOU APPEAL NO: 4't1 0F Between:
IiSTlla#llliJi 8,".;#.?ii8#h, ased about 43 years, occ: Business R/o AND ...APPELLANT/RESPONDENT/PLATNTIFF ' Ii5"!SJ:H[l?.l?Buiii ^Lif ,:,,*l,Jllilfu Ag:t "0",, 42 years, occ:
2. Tata Hymavathv. W/c n "L",i,iiili, irjlj l,;- 1-i Bul?5, Ji,6:l::l Sloi,i#8|.:o #" ut 38 yea rs, occ : ...RESPONDENTS/APPELLANTS/DEFENDANTS Appeat Under Order Xllll_ Rule 1(u) of Code of CpC 1908, against the Judgment and decree dated 19-01-20rs pllrJo il; il; ts of 2o1oon the fire of the court of the xxvtr noaitionat ChLi;;;:'cil'iyvir court, secunderabad preferred against the Judoment dated 15-03-2tio pr'.*o in os No. 549 0f 2005 SlJEJl"":Ti:,".""'JijjfrlJ nooiti"",r-sl""i- 6iiil',us", rr".rf,""r, c,,.ti CMAMP. NO: 811 OF 2015 Petition under section 151.cpc praying that in the circumstances stated in ll:--{lq:y,, filed in support- qt qrre neiifio'n', inl'Iig'r,''ior.t may be pleased to suspend the operation of the Judgment ana'oecreeiatlo ts-ot-zots passed bv the Hon'bte XXVI Additionalcniei.luage;Citvtir-iiiJr'rt at secunieiall]in"nt No. 79 of 2010 ti, the disposat ot tn" piErir't 6t,ii 'ri,ii"-"I"iLn"ors Appeal.
Counsel for the Appellant: Sri. M pratap Singh Counsel for the Respondents:Sri. K Chaitanya The Court made the fofiowing: ORDER
IN THE IIIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD OURABLE SRI JUSTTCE SUDDALA CHALAPATHI RAO CIVIL MISCELLANEOUS APPEA-L No.411of 2015 02nd February, 2026 Between:
Mr.M.Kristrna Murthy Appellant/Plaintiff and I .Mr.Tata l.larasimha Rao 2.Tata Hynravathy ... Res p o n dents/Defenda nts
ORDER
The present Civil Miscellaneous Appeal has been filed under Order XLII Rul,: l(u) of the Code of Civil Procedure, seeking to set aside the judgment imd decree dated 19.01 .2015 passed in A.S.No.79 of zolo by the learned )c(vll Additional Chief Judge, City Civil Courr, Secunderabad. 2.
Whrlrl this Court pointed out that the present appeal is not maintainal:le, the Mr.Chaitanya, learned counsel representing Mr.M.Pratap Singh, learned counsel for the appellant sought permission to convert the Civil Mis';ellaneous Appeal into a Second Appeal. However, in a Second
Appeal, the appellant is required to plead and establish substantial questions of [aw, which has not been done in the present case. 3.
[n view of the above, the present Civil Miscellaneous Appeal is not maintainable and is accordingly, rejected. No costs' 4.
The Registry is directed to return the entire case file to the appellant, enabling him to avail the appropriate remedy by filing a Second Appeal , under the relevant provision of taw. The appellant shall be entitled to the ,, j'
benefit of Section 14 of the Limitation Act, and the period spent in prosecuting the matter in the wrong forum shall be excluded for the purpose of limitatron Miscellaneous petitions, pending if zfrY, shall stand closed.
SdI. NAYANI CHANDRA SEKH DEPUTY TRAR //TRUE COPY// SECTION OFFICER To
1. The xxvll Additional chief Judge, city civil court, secunderabad
2. The Xll Additional Senior Civil Judge, (Fast Track Court) City Civit Court at Secunderabad.
3. One CC to Sri. M pratap Singh, Advocate IOPUCI
4. One CC to Sri. K Chaitanya, Advocate [OpUC]
5. Two CD Copies PrlBA N/
HIGH COURT DATED:02 t02t2OZ6 o ( R THE Sie o (-)q * 2 5 fl:ll ?fl7fi
ORDER
CMA.No.411 ot 2015 f:sqqrc.-r,-.C..
:::-);'
REJECTING THE CMA 7e I