Thalluri Raghavulu v. Nagandla Subbaiah

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IUONDAY, THE FIFTEENTH DAY OF IMARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM ASMP NO: 1405 OF 20'l 1 APPEAL SUIT NO: 166 OF 2011 Appeal under Section 96 Fl/w. Order 4'1 Rule 1 of CPC against the Judgment and decree dated 20j2.2010 in oS No.195/2004 0n the file of the court of the senior civil Judge, at Khammam.

Between:

Thalluri Raghavulu, S/o.Venkata Ramanarasaiah ...APPELLANT Nagandla Subbaiah, S/o.Venkata Ramanarasaiah ...RESPONDENT ASMP. NO: 1405 0F 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioner/appellant to withdraw the above case with liberty to file fresh one For the Appellant : SRI G.BHANU PRASAD, Advocate (not present) For the Respondent :

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM A.S.M.P.No. 14O5 oF 2011 A.S. No.

166 0F ORDER:

When the Appeal was listed on 26.07 .2011, the Court recorded that the learned counsel for the appellant should place before the Court a copy of the compromise decree. Thereafter, the matter was adjourned to 02.08.2011, 09'08.2011, 07.09.2011 on which date, A.S.M.P. No. 1405 of 2011 filed to permit the appellant to withdraw the Appeal with liberty to file fresh one was taken up' However, as none appeared for the petitioner - appellant, that Application was directed to be listed aiong with the Appeal in usual course. Again the matter was listed on 12.03.2011, since there was no representation on that date a1so, it was directed to be listed under the caption 'for dismissal' on 15.03'202 I . Today, in the morning session, none appears on behalf of the appellant, again at 03.00 pm., the matter was called, but there is no representation.

In the iight of the above, I.A No. 1405 of 201I is allowed' Consequently, the Appeal is closed.

Miscellaneous petitions, if any pending, shall stand closed' Sd/-K.SREENIVASA RAO JOINT REGIST R ,TRUE COPY'

SECTION OFFICER To 1.

The Senior Civil Judge, at Khammam.

One CC to Sri G.Bhanu Prasad, Advocate (OPUC) Two CD Copies 3.

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HIGH COURT DATED:1 5/03/2021 TA 16:

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JUDGMENT

ASMP NO.1405 0F 2011 AS.No.166 of 2011 ALLOWING THE IA NO.14O5 OF 2011 AND CLOSING THE APPEAL.

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