KANDULA PRABHAKAR . vs KANUDALA SUDHAKAR — C.A. No. 5065/2004

Case under Section XIV-A. Status: Disposed.

Disposed

CNR: SCIN010007982004

Filing Date

09-Jan-2004

Registration No

C.A. No. 5065/2004

Diary Number

798/2004

Order Date

06-Aug-2004

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Last updated 14-Jun-2026

Acts & Sections

Section XIV-A

Petitioner(s)

  1. 1.KANDULA PRABHAKAR .

Respondent(s)

  1. 1.KANUDALA SUDHAKAR

    Adv. R. C. KOHLI

Case History

  1. Case disposedDisposed

  2. 06-Aug-2004

    ROP - of Main CaseView PDF

  3. 16-Apr-2004

    ROP - of Main CaseView PDF

  4. 06-Feb-2004

    ROP - of Main CaseView PDF

  5. 09-Jan-2004

    Case filed

    Registration No. C.A. No. 5065/2004

casestatus.in Summary

Summary of Civil Appeal No. 5065 of 2004 On August 6, 2004, the Supreme Court allowed the appeal filed by Kandula Prabhakar & another (defendants 5 and 6) against the High Court's dismissal of their Order 9, Rule 13 petition. The trial court had improper procedure by abruptly closing the plaintiff's case and decreeing the partition suit the next day when defendants' counsel failed to appear for cross-examination, without affording defendants opportunity to present their evidence or counter-claim. The Court set aside the ex-parte decree and restored the suit for proper completion of trial, allowing appellants further cross-examination of PW1, plaintiff's additional evidence, and defendants' defense/counter-claim evidence with rebuttal opportunity. This case analysis is maintained by casestatus.in based on publicly available court records.

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