CPC Section 151 — Saving of inherent powers of the court

4,043 judgments in LawgicHub's archive cite Section 151 of the Code of Civil Procedure, 1908.

Judgments citing CPC Section 151

  1. The State Project Director cum Commissioner Director of, School Education vs T. Ramesh on 28 March, 2023

    High Court of High Court for State of Telangana28 Mar 2023

    Case Name: The State Project Director cum Commissioner Director of, School Education vs T. Ramesh on 28 March, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 28 March, 2023 Bench: Ujjai'- Bhuyan, C.J. and N. Tukaramji, J. Subject: Administrative Law, Education Law, Writ Appeal, Sarva Shiksha Abhiyan, Re-engagement of Teachers. Key Legal Propositions 1. A writ appeal becomes infructuous when the academic year to which it pertains has concluded and the benefit of the order has already been extended to the concerned parties. 2. Courts may dispose of appeals as infructuous while reserving the right of parties to seek redressal for future grievances. 3. Disposal of a writ appeal as infructuous does not preclude the closure of any pending miscellaneous petitions related to the same matter. Judgment Summary Background: The appeal arises from a common order dated 20.11.2015 passed by a learned Single Judge, which set aside proceedings directing the non-re-engagement of Inclusive Education Resource Teachers for the academic year 2015-16. A Division Bench had previously disposed of similar writ appeals as infructuous with liberty to parties to address

  2. Danam Laxmareddy @ Danam Laxmappa vs Danam Mahesh & Ors. on 21 February, 2023

    High Court of High Court for State of Telangana21 Feb 2023

    Case Name: Danam Laxmareddy @ Danam Laxmappa vs Danam Mahesh & Ors. on 21 February, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 21 February, 2023 Bench: Sri Justice Namavarapu Rajeshwar Rao Subject: Criminal Revision, Maintenance Petition, Lok Adalat Award, Interim Maintenance Key Legal Propositions 1. A compromise reached before a Lok Adalat, while generally akin to a civil court decree, does not automatically preclude a subsequent claim for maintenance if the original settlement did not explicitly address maintenance for minor children. 2. Courts have the discretion to grant interim maintenance to minor children, even after a previous settlement, if their needs are not adequately addressed by the prior agreement. 3. The scope of a Lok Adalat award is limited to the terms explicitly agreed upon by the parties; it does not operate as a comprehensive resolution of all potential claims. Judgment Summary Background: This Criminal Revision Case arises from an order passed by the Judicial Magistrate of First Class, Kodangal, regarding a maintenance petition (M.C. No. 19 of 2015) filed on behalf of minor children. The petitioner/respondent (Danam Laxmareddy)

  3. M/s. Orugallu Darries and Carpet Manufacturers vs M/s. Suresh Yarn Trading Co. on 29 August, 2023

    High Court of High Court for State of Telangana29 Aug 2023

    Case Name: M/s. Orugallu Darries and Carpet Manufacturers vs M/s. Suresh Yarn Trading Co. on 29 August, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 29 August, 2023 Bench: Sri Justice K. Sarath Subject: Civil Appeal Key Legal Propositions 1. An appeal can be dismissed for non-prosecution/default when there is no representation from the appellant. 2. A court may direct listing a matter “for dismissal” if no representation appears on a specified date. 3. Pending miscellaneous applications in an appeal are closed upon dismissal of the appeal. Judgment Summary Background: This is an appeal under Section 96 of the Code of Civil Procedure (CPC) against a judgment and decree dated 05-11-2002 in O.S.No. 33 of 1993. A petition for stay of proceedings was also filed (I.A. No. 1 of 2003). The matter was listed for dismissal due to the appellant’s lack of representation. Held: A. On Appeal Dismissal: Majority View: The appeal (CCCA No. 198 of 2003) was dismissed for non-prosecution/default due to the appellant’s continued lack of representation. Dissenting View: None. B. On Miscellaneous Applications: Majority View: All pending miscellaneous applicat

  4. Shaik Habeeb Ahmed vs. S. Venkateswarlu on 01 September, 2023

    High Court of High Court for State of Telangana1 Sept 2023

    Case Name: Shaik Habeeb Ahmed vs. S. Venkateswarlu on 01 September, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 01 September, 2023 Bench: Sri Justice P. Sam Koshy Subject: Civil Revision Petition – Execution Proceedings – Arbitration Award Key Legal Propositions 1. An arbitration award, if unchallenged, is enforceable through execution proceedings. 2. Findings in a criminal case have no bearing on execution proceedings stemming from an arbitration award. 3. A Civil Revision Petition lacking merit is liable to be rejected. Judgment Summary Background: The Civil Revision Petition challenges an order dated 07.07.2023 passed by the III Additional Chief Judge, City Civil Court, Hyderabad, in E.P. No. 1 of 2018 in ABR No. 113 of 2017. The petition seeks a stay of further proceedings in the execution petition based on an arbitration award. Held: A. On Enforceability of Arbitration Award: Majority View: The Court held that since the arbitration award dated 22.07.2017 has not been challenged, it is enforceable. Allowing a challenge to the execution proceedings at this juncture, in the absence of a challenge to the award itself, would be improp

  5. State of Andhra Pradesh vs. FlqQne S!ygq on 01 October, 2012

    High Court of High Court for State of Telangana1 Oct 2012

    Case Name: State of Andhra Pradesh vs. FlqQne S!ygq on 01 October, 2012 Court: High Court of Telangana Date of Judgment: 21 December, 2023 Bench: Alok Aradhe, CJ and Anil Kumar Jukanti, J. Subject: Land Acquisition, Writ Appeal, Delay and Laches, Compensation, Title Dispute Key Legal Propositions 1. Revenue records are not conclusive proof of title and cannot be treated as documents of title. 2. The extraordinary jurisdiction under Article 226 of the Constitution is discretionary, and courts may refuse relief to a party who has unduly delayed pursuing their rights (delay and laches). 3. A long, unexplained delay in pursuing legal remedies can be a ground for denying relief, even if some evidence supports the claim. Judgment Summary Background: These appeals arise from a common order dated 01.10.2012 in W.P.No.24882 of 2011 concerning land acquisition and compensation. The petitioner (in W.A.No.955/2013) claimed to be the grandson of the legal heir of the original landowner and sought compensation for land allegedly allotted by the State Government to economically weaker sections. The State Government (appellant in W.A.No.1309/2013) appealed against the Single Judge’s directio

  6. M/s Hindustan Aeronautics Limited vs M/s Hari Traders on 21 September, 2023

    High Court of High Court for State of Telangana21 Sept 2023

    Case Name: Court: Date of Judgment: Bench: Subject: Key Legal Propositions 1. An appeal can be dismissed for non-prosecution/default when there is no representation from the appellant despite multiple opportunities granted. 2. Pending miscellaneous applications are automatically dismissed upon dismissal of the main appeal. 3. No costs are awarded in cases of dismissal for non-prosecution/default. Judgment Summary Background: This appeal (CCCA No. 312 of 2003) stemmed from a judgment and decree dated 27 February 2002 in O.S. No. 649 of 1991, originating from the VII Senior Civil Judge, City Civil Court, Hyderabad. The appellant, M/s Hindustan Aeronautics Limited, filed the appeal under Section 96 of the CPC. A petition for stay of the judgment and decree was also filed (I.A. No. 1 of 2004). Held: A. On Appeal Dismissal: Majority View: The Court dismissed the appeal for non-prosecution/default due to the consistent absence of representation for the appellant despite multiple listings and requests for adjournment. Dissenting View: None. B. On Pending Applications: Majority View: All pending miscellaneous applications were directed to be dismissed. Dissenting View: None. C. On Cos

  7. Ravi Kiran Pulugam & Another vs The Indian Red Cross Society, Telangana Branch & Others on 12 September, 2023

    High Court of High Court for State of Telangana12 Sept 2023

    Case Name: Ravi Kiran Pulugam & Another vs The Indian Red Cross Society, Telangana Branch & Others on 12 September, 2023 Court: HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Date of Judgment: 12 September, 2023 Bench: THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Subject: Election Dispute, Writ Appeal, Indian Red Cross Society, Infructuous Appeal Key Legal Propositions 1. An intra-court appeal becomes infructuous when subsequent events render the subject matter of the appeal non-existent. 2. Courts will not adjudicate matters that no longer require determination due to supervening events. 3. A writ appeal challenging an interim order is rendered non-maintainable when the election for which the interim order provided conditions has already concluded and results declared. Judgment Summary Background: The present Writ Appeal arises from an interim order dated 18.08.2023 passed by a learned Single Judge in Writ Petition No. 20097 of 2023. The writ petition sought quashing of a notification dated 10.07.2023 calling for elections to the Managing Committee of the Indian Red Cross Society, Hyderabad District. The Appellants sought

  8. M. Satvam vs M. Malleswaran & Ors. on 09 March, 2023

    High Court of High Court for State of Telangana9 Mar 2023

    Case Name: M. Satvam vs M. Malleswaran & Ors. on 09 March, 2023 Court: High Court for the State of Telangana Date of Judgment: 09 March, 2023 Bench: Justice Abhinand Kumar Shavili Subject: Civil Appeal Key Legal Propositions 1. An appeal can be dismissed for default and non-prosecution. 2. A court has the discretion to dismiss a case when the appellant is not represented despite listing. 3. Pending miscellaneous applications are closed upon dismissal of the main appeal. Judgment Summary Background: This is an appeal suit (AS No. 1066 of 2002) filed under Section 96 read with Order 41 Rule 1 of the CPC against a judgment and decree dated 24-07-2007 passed by the 1st Additional Senior Civil Judge, Warangal in O.S. No. 422 of 1997. The appellant sought a temporary injunction (I.A. No. 7 of 2002) to restrain the respondents from alienating properties. A further petition (I.A. No. 1 of 2004) sought vacation of interim orders. Held: A. On Appeal Dismissal: Majority View: The appeal was dismissed for default and non-prosecution due to the absence of counsel for the appellant despite the case being listed for dismissal. Dissenting View: None. B. On Miscellaneous Applications: Majo

  9. Chinna Narsamma @ Jayaprada vs Smt.Jayamma & Ors on 18 December, 2023

    High Court of High Court for State of Telangana18 Dec 2023

    Case Name: Chinna Narsamma @ Jayaprada vs Smt.Jayamma & Ors on 18 December, 2023 Court: High Court of Telangana Date of Judgment: 18 December, 2023 Bench: Justice G. Radha Rani Subject: Civil Procedure Code - Second Appeal - Withdrawal of Appeal Key Legal Propositions 1. An appellant may withdraw an appeal pending before the High Court. 2. Upon withdrawal of an appeal, the Court may dismiss the same without imposing costs. 3. The dismissal of an appeal results in the closure of any pending miscellaneous petitions related to the same. Judgment Summary Background: The present Second Appeal (SA No. 777 of 2009) was filed under Section 100 of the CPC, challenging a judgment and decree dated 07-04-2009 in A.S.No. 10 of 1997, which affirmed the judgment and decree dated 24-01-1997 in O.S.No. 37 of 1987. The appellant sought permission to withdraw the appeal. Held: A. On Withdrawal of Appeal: Majority View: The Court granted permission to the appellant to withdraw the Second Appeal. Dissenting View: None. B. On Costs: Majority View: The Court ordered that the appeal be dismissed as withdrawn without any costs. Dissenting View: None. C. On Pending Miscellaneous Petitions: Majorit

  10. Pragathi Degree College For Women, Dilsukhnagar, Hyderabad & Ors. vs The District Collector, Hyderabad District & Ors. on 21 December, 2023

    High Court of High Court for State of Telangana21 Dec 2023

    Case Name: Pragathi Degree College For Women, Dilsukhnagar, Hyderabad & Ors. vs The District Collector, Hyderabad District & Ors. on 21 December, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 21 December, 2023 Bench: Alok Aradhe, C.J. and Anil Kumar Jukanti, J. Subject: Civil – Writ Appeal, Non-Prosecution of Appeal Key Legal Propositions 1. A writ appeal can be dismissed for non-prosecution when the appellants demonstrate a lack of interest in pursuing the matter. 2. Dismissal for non-prosecution results in the closure of any pending miscellaneous applications. 3. In cases of dismissal for non-prosecution, no order as to costs is typically issued. Judgment Summary Background: The Writ Appeal arose from an order dated 30-9-2013 in W.P.No.10881/2010. The appeal involved a petition seeking a stay of proceedings related to recovery of scholarship amounts paid to students of the Scheduled Caste community. Held: A. On Issue of Non-Prosecution: Majority View: The Court noted the absence of appearance by counsel for the appellants and observed that the appellants were not interested in prosecuting the Writ Appeal. Consequently, the appeal was di

  11. Amgothu Raju & Ors. vs. Gutta Uma Devi & Ors. on 24 August, 2023

    High Court of High Court for State of Telangana24 Aug 2023

    Case Name: Amgothu Raju & Ors. vs. Gutta Uma Devi & Ors. on 24 August, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 24 August, 2023 Bench: Alok Aradhe, C.J. & T. Vinod Kumar, J. Subject: Writ Appeal – Interim Order – Impleadment – Vacation of Stay Key Legal Propositions 1. Necessary parties must be impleaded in writ petitions. 2. Courts may expeditiously consider applications for impleadment and vacation of stay. 3. Disposal of a writ appeal without prejudice to pending applications for impleadment and vacation of stay is permissible. Judgment Summary Background: This intra-court writ appeal arises from an interim order dated 19.07.2023 passed in W.P.No. 19129 of 2023, granting interim relief to Respondent No. 1. The Appellants contend they are necessary parties who were not impleaded in the original writ petition and have filed applications for impleadment and vacation of stay. The State Government has also filed a petition seeking vacation of the stay. Held: A. On Issue of Impleadment & Vacation of Stay: Majority View: The Court directed that the applications for impleadment and vacation of stay be considered expeditiously by the learned

  12. Sri Saraf (Alias Toopran) Madhusudhan Rao & Anr. vs The State of Telangana & Ors. on 09 November, 2023

    High Court of High Court for State of Telangana9 Nov 2023

    Case Name: Sri Saraf (Alias Toopran) Madhusudhan Rao & Anr. vs The State of Telangana & Ors. on 09 November, 2023 Court: HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Date of Judgment: 09 November, 2023 Bench: THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE N. V. SHRAVAN KUMAR Subject: Civil – Registration of Property, Intra-Court Appeal, Limitation Key Legal Propositions 1. An order passed in a writ petition is not binding on parties who are not party to the said writ petition. 2. A party with an independent title to property can challenge the validity of a sale deed through a separate civil suit. 3. Observations made in a writ petition order do not affect the rights of non-parties to pursue remedies in a civil suit. Judgment Summary Background: This intra-court appeal arises from an order directing the Sub-Registrar to register a document of sale based on a consent between parties in a writ petition (W.P.No.19999 of 2022). The appellants, claiming independent title to the property, were not parties to the original writ petition and seek to challenge the order. A provisional sale deed was registered pursuant to the writ petition order, subject to t

  13. United India Insurance Company Limited vs. A. Laxman Rao & Ors. on 13 March, 2023

    High Court of High Court for State of Telangana13 Mar 2023

    Case Name: United India Insurance Company Limited vs. A. Laxman Rao & Ors. on 13 March, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 13 March, 2023 Bench: Smt. Justice Lalitha Kanneganti Subject: Motor Vehicle Accident Claim – Liability of Insurance Company in case of hired vehicle. Key Legal Propositions 1. The issue of liability of the insurance company in cases where a vehicle is hired by the Road Transport Corporation (RTC) is no longer *res integra*. 2. The Supreme Court in *Uttar Pradesh State Road Transport Corporation v. Rajenderi Devilal* has held that even when a vehicle is hired by the RTC, the insurance company remains liable to pay compensation. 3. The High Court affirmed the award of the Tribunal holding the Insurance Company liable for compensation. Judgment Summary Background: This appeal arises from an award dated 04.06.2008 passed by the Motor Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad, in M.V.O.P. No. 352 of 2003. The Insurance Company (Appellant) challenged the award, arguing that since the vehicle was hired by the RTC, the RTC alone was liable for compensation. Held: A. On Liability of

  14. Y.Babu Guru vs Y.Jagannadham & Others on 21 March, 2023

    High Court of High Court for State of Telangana21 Mar 2023

    Case Name: Y.Babu Guru vs Y.Jagannadham & Others on 21 March, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 21 March, 2023 Bench: Sri Justice Sambasiva Rao Naidu Subject: Endowments – Hereditary Trusteeship – Procedure – Delay – Res Judicata Key Legal Propositions 1. A delay of over 40 years in challenging an order, without sufficient explanation, is viewed critically by the Court. 2. Prior litigation on the same subject matter, even if unsuccessful, is a relevant factor in considering the present appeal. 3. Mere participation in rituals or obtaining permissions for processions does not establish management of a temple, especially when other evidence suggests a different arrangement. Judgment Summary Background: This Civil Miscellaneous Appeal arises from an order dated 27-08-1981 passed by the Deputy Commissioner of Endowments, Hyderabad, declaring Y.Jagannadham as the Hereditary Trustee of Sri Mahankali Temple. The appellant, Y.Babu Guru, brother of the respondent No.1, challenges the order alleging lack of proper procedure and notice. He claims to have been actively involved in the temple’s management. Held: A. On Procedure & Noti

  15. C. Venkata Sastry & Anr. vs The Government of Andhra Pradesh & Ors. on 12 December, 2023

    High Court of High Court for State of Telangana12 Dec 2023

    Case Name: Court: Date of Judgment: Bench: Subject: Key Legal Propositions 1. Dismissal of a writ appeal for want of prosecution is permissible when counsel indicates no instructions to proceed. 2. The Court has inherent power to dismiss appeals for want of prosecution, particularly when the appellant's counsel explicitly states they have no instructions. 3. Pending miscellaneous applications are deemed closed upon dismissal of the main writ appeal. Judgment Summary Background: This Writ Appeal (WA No. 618 of 2012) stemmed from an order dated April 17, 2011, in W.P. No. 12839 of 2011. The appeal was filed by Indian Bank and its Authorised Officer against the Government of Andhra Pradesh and others. An interim application (I.A. No. 1 of 2012) seeking suspension of the impugned order was also filed. Held: A. On Issue of Want of Prosecution: Majority View: The Court dismissed the writ appeal for want of prosecution as counsel for the appellants stated they had no instructions to argue the appeal. The Court held that this constituted sufficient grounds for dismissal. Dissenting View: None. B. On Issue of Pending Applications: Majority View: All pending miscellaneous applications

  16. S. Ram Reddy vs The Chief General Manager (HRD), Southern Power Distribution Company of Telangana Limited on 19 September, 2023

    High Court of High Court for State of Telangana19 Sept 2023

    Case Name: S. Ram Reddy vs The Chief General Manager (HRD), Southern Power Distribution Company of Telangana Limited on 19 September, 2023 Court: HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Date of Judgment: 19 September, 2023 Bench: SRI JUSTICE ABHINAND KUMAR SHAVILI AND SRI JUSTICE ANIL KUMAR JUKANTI Subject: Pensionary Benefits, Writ Appeal, Res Judicata, Delay in Disbursement Key Legal Propositions 1. A retired employee may be entitled to interest for delay in disbursement of pensionary benefits. 2. Filing a second writ petition on the same issue, after a prior writ petition addressing the same issue was disposed of, amounts to res judicata. 3. A court is justified in dismissing a second writ petition raising the same issue previously decided, even if a specific relief was denied in the first petition. Judgment Summary Background: The appellant, a retired Line Inspector, filed a Writ Appeal challenging the dismissal of W.P.No.14782 of 2020. The original writ petition sought interest on delayed pensionary benefits. The appellant had previously filed W.P.No.2921 of 2019 seeking full retirement benefits, which was disposed of with a direction to settle the benefits wi

  17. Karimnagar Co-operative Urban Bank Ltd. vs A. Rajaram Reddy on 08 September, 2023

    High Court of High Court for State of Telangana8 Sept 2023

    Case Name: Karimnagar Co-operative Urban Bank Ltd. vs A. Rajaram Reddy on 08 September, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 08 September, 2023 Bench: Sri Justice Abhinand Kumar Shavili and Sri Justice Anil Kumar Jukanti Subject: Service Law – Disciplinary Proceedings – Proportionality of Punishment – Writ Appeal against order of Single Judge remanding matter for re-consideration of punishment. Key Legal Propositions 1. A punishment of dismissal from service can be set aside if it is shockingly disproportionate to the charges proven against the employee. 2. The length of service of an employee is a relevant factor to be considered while determining the proportionality of punishment. 3. Prior instances of misconduct and warnings issued to an employee can be considered while assessing the severity of the punishment. Judgment Summary Background: The appellant-Bank initiated disciplinary proceedings against the respondent, its Chief Executive Officer, alleging financial irregularities. A charge memo was issued, followed by a detailed enquiry which resulted in a dismissal order. The respondent challenged the dismissal before the High

  18. The Coal Mines Provident Fund Organization vs Mehrunuisa Begum on 19 August, 2023

    High Court of High Court for State of Telangana19 Aug 2023

    Case Name: The Coal Mines Provident Fund Organization vs Mehrunuisa Begum on 19 August, 2023 Court: HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Date of Judgment: 19 August, 2023 Bench: SRI JUSTICE ABHINAND KUMAR SHAVILI AND SRI JUSTICE ANIL KUMAR JUKANTI Subject: Provident Fund - Recovery of Excess Payment - Installment Facility - Writ Appeal Key Legal Propositions 1. Where excess payment was made by an organization due to its own mistake, directing the recipient to pay interest on the excess amount is not justified. 2. A Single Judge’s decision to allow repayment of an excess amount in installments, considering the recipient’s limited financial means, is generally not subject to interference. 3. The absence of any provision for interest in the initial recovery proceedings precludes a subsequent demand for interest. Judgment Summary Background: The present Writ Appeal arises from an order passed by a learned Single Judge allowing a respondent to repay an excess Provident Fund payment in 36 installments. The appellant, Coal Mines Provident Fund Organization, contends that the Single Judge should have directed the respondent to pay interest on the excess amount. The resp

  19. Kalva Itrleghamala vs Kalva Anil Kumar on 15 February, 2023

    High Court of High Court for State of Telangana15 Feb 2023

    Case Name: Kalva Itrleghamala vs Kalva Anil Kumar on 15 February, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 15 February, 2023 Bench: Sri Justice T. Vinod Kumar and Smt Justice P. Sree Sudha Subject: Civil Appeal – Suspension of Decree – Improper Service of Notice – Remand Key Legal Propositions 1. A trial court’s dismissal of an application to set aside a decree based on improper service of notice is erroneous if proper opportunity for contest was not afforded to the party. 2. Due service of notice is a fundamental principle of natural justice, and its absence can render proceedings invalid. 3. An appellate court has the power to set aside a trial court’s order and remand the matter for fresh disposal, ensuring both parties receive a fair hearing. Judgment Summary Background: The Appellant (wife) filed a Civil Miscellaneous Appeal (CMA) under Order 43 Rule 1(d) of the CPC challenging the Trial Court’s dismissal of her application to set aside a divorce decree. She alleged improper service of notice and lack of opportunity to contest the matter. The Trial Court dismissed the application, finding due service based on an acknowledgement

  20. Smt. S. Anuradha vs Andhra Bank and Ors. on 23 September, 2023

    High Court of High Court for State of Telangana23 Sept 2023

    Case Name: Court: Date of Judgment: Bench: Subject: Key Legal Propositions 1. An appeal for recovery of money becomes infructuous upon full payment of the decreed amount. 2. Courts may dismiss appeals as infructuous when the subject matter of the appeal no longer exists. 3. Pending miscellaneous petitions are closed upon the dismissal of the main appeal. Judgment Summary Background: The present appeal suit (Appeal Suit No. 560 of 2008) arises from a judgment and decree dated 29-03-2007 in O.S. No. 440 of 2002, filed before the III Additional Senior Civil Judge, Fast Track Court, Ranga Reddy District, concerning recovery of money. A separate petition (ASMP No. 520 of 2010) sought a stay of proceedings related to the original suit and a related interlocutory application. Held: A. On Appeal Suit No. 560 of 2008: Majority View: The Court dismissed the appeal as infructuous, recording the submission of the appellant’s counsel that the entire decreed amount had been paid. No costs were awarded. Dissenting View: None. B. On ASMP No. 520 of 2010: Majority View: As the main appeal was dismissed, all pending miscellaneous petitions were directed to be closed. Dissenting View: None. C. O