P NAGESH Vs. STATE
LAWS(APH)-2008-11-12
HIGH COURT OF ANDHRA PRADESH
Decided on November 07,2008

P NAGESH Appellant
VERSUS
STATE Respondents


Referred Judgements :-

MRITYUNJOY DAS VS. SAYED HASIBUR RAHAMAN [REFERRED TO]


JUDGEMENT

- (1.)THIS contempt case was suo motu registered as per the directions of this Court contained in the order dated 27. 9. 2006 in ASMP No. 1893 of 2005 in AS (SR) No. 41417 of 2001.
(2.)THE factual background that led to this suo motu contempt case can be briefly stated thus : an appeal is purported to have been filed under Section 96 CPC on behalf of the respondents 1 to 5 herein against the judgment and decree dated 23. 10. 2000 in os No. 18 of 2000 on the file of the I additional District Court, Ranga Reddy district. The said appeal purported to carry as (SR) No. 41417 of 2001. The respondents 1 to 5 herein filed the said suit for specific performance of agreement dated 28. 7. 1987. The defendants remained ex-parte. The trial Court, while holding that the plaintiffs are not entitled for a decree for the relief of specific performance, however, decreed the suit for refund of Rs. 4,00,000/-with interest at 12% per annum and rejected the relief of specific performance. Aggrieved by the same, the respondents 1 to 5 herein filed an appeal before this Court, which was purported to carry AS (SR) No. 41417 of 2001. The appeal papers were returned on 25. 6. 2001. Subsequently, in the year 2004, appeal papers were represented along with three applications i. e. , ASMP No. 16221 of 2004 for dispensing with filing of the certified copy of the judgment and decree, asmp No. 16220 of 2004 for condonation of the delay of 1139 days in representing the appeal and ASMP No. 16219 of 2004 for condoning delay of 150 days in filing the appeal.
(3.)ON 30. 12. 2004, a Division Bench of this Court ordered ASMP No. 16221 of 2004 dispensing with filing of the certified copy of the judgment and decree for the time being. ASMP No. 16220 of 2004 was also ordered, condoning the delay of 1139 days in representing AS (SR)No. 41417 of 2001, in ASMP No. 16219 of 2004 notice was ordered to the respondents.
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