Samala Srinivas v. Bellam Subba Rao
[ 3258 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU SE Appeal under Section 100 of CPC against the Judgment and decree dated 0511212014 made in AS No.28 of 2013 (old AS No.13 of 2011) on the file of the Court of the Vlll Additional District Judge, Medak prefened against the decree in OS No.B of 2004 dated 19l}412011on the file of the Court of the Senior Civil Judge, Medak.
1. Samala Srinivas, S/o Durgaiah, Aged 50yrs, Occu. Pvt.Contractor,
2. Samala Subhash, S/o.Durgaiah, Aged 45 yrs, Occu. Typist.
3. Samala Yadaiah, S/o Durgaiah, Aged 40 yrs, Occu. Agriculture, All are R/o Rampur village. Kulcharam Mandal, Medak District. ...DEFENOANT/ APPELLANTS/ APPELLANT NIT'
1. Bellam Subba Rao, (died) L.Rs R-3 to R-5
2. Musunuri Gopal Rao, (died) L.Rs R-6 to R-11
3. B.Vijaya Laxmi, Wo late.Bellam Subba Rao, Aged 55 yrs, Occ. Household.
4. B.Kiran Kumar, S/o late.Ballam Subba Rao, Aged 33 yr. Occu. Agriculture,
5. Smt.Nirmalamma, D/o late. Bellam Subba Rao, Aged 42 yrs. Occu. Housewife, All are Rl/o Machavaram village, Mandal and.District. Medak.
6. M.Seetha Ramaiah, S/o late. Gopal Rao, Aged 70 yrs, 7.
8.
9.
10.
11.
...PLAINTIFFS/ RESPONDENTS/ RESPONDENTS Petition under Section 151 of CPC praying that in the circurnstances stated in the affidavit filed herein, the High Court may be pleased to permit the petitioners to withdraw the present Second Appeal No.330 ot 2022 with leave to pursue the legal remedies available to the petitioners by way of filing comprehensive Suit for Declaration and title before the Gompetent Court.
l.A. NO: 2 OF 2015 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to Suspend the operation of the Judgment and decree made in A.S.No. 28 of 2013 dated 5.12.2014 on the file of Vlll Additional District and Sessions Judge, Medak in confirming the Judgment and Decree made in os No. 8/2004 dated 1g-4-2011 on the file of Senior civil Judge, Medak, pending the present appeal. For the Appellants : SRI RAJ KUMAR RUDRA, Advocate For the Respondent Nos.3 to 7 : sRl J.PRABHAKAR, Advocate For the Respondent No.8: sRl AKULA MANoJ KUMAR, Advocate For the Respondent Nos.9 to 11 : NONE APPEARED The Court delivered the following : JUDGMENT
THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU APPEAL .330 0F JUDGMENT:
This second appeal is filed being aggrieved by the Judgment and Decree dated O5.L2.2O14 passed 1n A.S.No.2S of 2OI3 (old A.S.No.13 of 2OLl) by learned VIII Additional District Judge, Medak, whereunder the Judgment and Decree 19.O4.2Ol 1 passed in O.S.No.8 of { 2OO4 by learned Senior Civil Judge, Medak, was , confirmed. The said suit was filed by the respondents/plaintiffs for perpetual injunction and the same was decreed.
2. I.A.No.1 of 2023 is filed bY the appellants/defendants seeking permission of this Court to withdraw the Second Appeal with a leave to pursue legal remedies available to'the petitioners by way of filing comprehensive suit for declaration and title before the Competent Court
Heard. Perused the record.
Taking on record the said submissions, I.A.No. 1 of 2023 is allowed As a consequence thereof, granting leave as prayed for, this Second Appeal is dismissed as withdrawn.
Pending miscellaneous applications, if any, shall stand closed. No Costs.
Sd/-M.MANruLA DEPUTY REGIS/RAR til/ //TRUE COPYII SECTION OFFICER o T,
1. The Vlll Additional District Judge, Medak.
2. The Senior Civil Judge, Medak.
3. One CC to Sri Raj Kumar Rudra, Advobate [OPUC]
4. One CC to Sri Manoj Kumar Akula, Advocate [OPUC]
5. One CC to Sri J.Prabhakar, Advocate [OPUC]
6. Two CD Copies Kj \y
HIGH COURT DATED:2310312023 1$E ST,q o() 0 6 APn 2023
JUDGMENT
*.
De:
:'r-. '. \ . Lit, - !r SA.No.330 ot 2022 ALLOWING IA NO.1 OF 2023 DISMISSING SA AS WITHDRAWN WITHOUT COSTS.