K Bal Reddy And Another v. B Balakishan Rao And 12 Others

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Between:

K.Bal Reddy S/o.late K.Janga Reddy, Age:61 years, Occ: Agriculture, R/o.H.No.16-2-839/4/1, Saidabad Hyderabad and another ...

Appellants And B.Balakishan Rao, S/o.late Babaiah (died) Aged about 76 years, Occ: Business and twelve others ...

Respondents Counsel for the Appellants :

Mr. N.Indrasena Reddy Counsel for the Respondents:

Mr. K.Jaya Bharath Reddy for respondents No.2 to 4 and 9 to 13.

Mr.Goli Viplav Reddy for respondents No.5,7 & 8.

The Court made the following:

Judgment: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal arises out of order dated 03.08.2017 in I.A.No.274 of 2010 in O.S.No.1122 of 2007 on the file of the Principal District Judge, Rangareddy district at L.B. Nagar. 2.

Mr.N.Indrasena Reddy, learned counsel for the appellants, addressed letter dated 07.02.2018 to the Registrar (Judicial), wherein it is stated that the appellants and the respondents have settled issues out of court and that the appellants filed Memo. dated 05.02.2018, seeking permission of the Court to withdraw the appeal. Based on this letter, the Registry has posted this case for withdrawal. 3.

At the hearing, Mr.K.Jaya Bharath Reddy, learned counsel for the respondents No.2 to 4 and 9 to 13, stated that no such settlement as claimed by the counsel for the appellants in the aforementioned letter, has been arrived at.

4.

When the appellants seek to withdraw the appeal, there is no reason for this Court to not permit them to withdraw the same. It is not the case of the learned counsel for the aforementioned respondents that the appellants have derived any undue advantage by filing this appeal. Merely because the counsel for the appellants has claimed in his letter that the dispute has been settled, if they are not really settled, mere dismissal of the C.M.A. as withdrawn, cannot be construed as the dispute being settled.

5.

In this view of the matter, we do not find any merit in the objection of the counsel for the aforementioned respondents Mr.K.Jaya Bharath Reddy.

6.

The civil miscellaneous appeal is, accordingly, dismissed as with drawn, subject to the above observations.

7.

As a sequel to the dismissal of the C.M.A., miscellaneous applications if any, stand dismissed.

______________________ (C.V.Nagarjuna Reddy, J) _____________________ (Gudiseva Shyam Prasad, J) Date: 9th February, 2018 msb