Sri Baburam Verma v. Sri Ramshanker Verma

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CCCA No.398 of 2003 JUDGMENT:

The first appellant filed O.S.No.1503 of 1994 in the Court of I Senior Civil Judge, City Civil Court, Hyderabad, for recovery of one room on the First Floor of Schedule-A property in O.S.No.138 of 1990. Both the suits were tried together. The Court below vide common judgment, dated 02.09.2003, decreed O.S.No.138 of 1990 in part and dismissed O.S.No.1503 of 1994. Against the dismissal of O.S.No.1503 of 1994, the present appeal is filed.

When the matter is taken up for hearing, it is submitted by the learned counsel for respondent No.1/defendant that his client had handed over the possession of the property to the first appellant/plaintiff and in fact, he had left to his native place in Uttar Pradesh. Learned counsel for the appellants confirms the same and submits that in view of the fact that O.S.No.1503 of 1994 was filed only for recovery of one room on the First Floor of Schedule-A property in O.S.No.138 of 1990 and in view of subsequent development, his clients are no longer interested in pursuing this appeal and the appeal may be closed. Recording the above submissions, the appeal is closed.

CKR, J C.C.C.A.No.398 of 2003 Miscellaneous Petitions, if any pending shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 23rd NOVEMBER, 2017.

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