Pothu Ashanna , Ashalu v. The Grampanchayath
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA l.A. NO.4 0F 2023 SECOND APPEAL NO: 284 OF 2004 Appeal Under Section 100 of C.P.C against the Judgment and Decree Dated 2610912003 made in A.S. No.10 of 1998 on the file of the Court of the Senior Civil Judge, Jagital, preferred against the Judgment and Decree dated 06.03.1995 passed in O.S. No.558 of 1985 on the file of the Court of the Junior Civil Judge, Metpally.
Between:
1. Pothu Ashanna @ Ashalu, (died per LRs Appellants herein 2 & 3) ... APPELLANT/ APPELLANT/PLAINTIFF
2. Pothu Gangubai, W/o. Late Pothu Ashanna @ Ashalu @ Ashaiah, aged about 76 years, Occ: Household, R/o. H.No.2-1-437, Dubbawada, Metpally Proper and Mandal, Jagtial District.
3. Pothu Ramadasu, S/o. Late Pothu Ashanna @ Ashalu @ Ashaiah, aged about 50 years, Occ: Business, Rl/o. H.No.2-1-437, Dubbawada, lriletpally Proper and Mandal, Jagtial District.
...Appellants (Appellant Nos.2 and 3 are brought on record as per LRs of the deceased Sole Appellant vide Court Order dated Ogl10l2l23 in lA No.3/2023) AND The Grampanchayath Metpally, Represented by its Chief Executive Officer, Metpally proper & Mandal, District Karimnagar. ,.RESPONDENT/ RESPONDENT/DEFENDANT lA NO: 4 OF 2023 Petition under order XXlll Rule 1 R/w Section '15'1 of C.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant permission to the petitioners to Withdraw the second appeal in S.A.No 28412004.
Counsel for the Appellant: SRl. M.A BARI Counsel for the Respondent: NONE APPEARED The Court made the following: COMMON JUDGMENT
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA I.A.No.4 OF 2023 sEcOND APPEAL No.284 of 2004 coMMON JUDGMENT:
Plaintiff filed O.S.No.55B of 1985 on the file of District Munsiff, Metpally, for declaration and mandatory injunction. The trial Court dismissed the suit. The unsuccessful plaintiff preferred appeal yde A.S.No.1O of 1998 wherein the appellate Court dismissed the appeal, against which the second appeal has been filed.
2.
Learned counsel for appellant intends to withdraw the present appeal and to that extent, he filed an application vide I.A.No.4 of 2023 seeking permission of this Court to withdraw the present l I appeal.
I 3.
Accordingly, I.A.No.4 of 2023 is ordered and the second i I I appeal No.2B4 of 2004 is dismissed as withdrawn. There shall be I I no order as to costs.
Pending miscellaneous applications, if any, shall stand closed. I SD/. CH.VENKATESWARLU DEPUTY REGISTRAR I !I //TRUE COPY// SECTION OFFICER t To, I .
i , The Senior Civil ..!udge, Karimnagar FAC Senior Civil Judge, Karimnagar District (with records) The .junior Civil Judge, Metpally, Karimnagar District (with records) One CC to Sri. tvl.A- BARI, Advocate [OPUCI.
Two CD Copies Jagtial J
t HIGH COURT DATED:09/10/2023 COMMON JUDGMENT tA NO 4 0F 2023 SANo.284 of 2004 1* 1 3 i'lAR 2024 a zoI *.
r:9 ...1Ci DISMISSING SECOND APPEAL AS WTHDRAWN WTHOUT COSTS i i I I I i