Appellants sought permission to withdraw an appeal against a judgment and decree granting recovery of advance sale consideration, with respondents' consent. The appeal was dismissed as withdrawn with no costs and pending petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
APPEAL SUIT No.eOQ of 2011
Appeal filed under Section 96 of C.P.C, aggrieved by the Judgment and Decree dated 06.07.2011 passed in O.S.No.61 of 2006 on the file of the District Judge, Rajahmundry, East Godavari District.
Between:
Srinivasa Convent, Rajahmundry, Rajahmundry (Urban), East Godavari District.
(Died as per court order dated 01.03.2024 Memo vide USR 13209/2024 in A.S.No.600 of 2011)
(Appellant Nos.2 to 4 are brought on record as LRs of deceased Sole Appellant vide court order dated 01.03.2024 in I.A.No.3 of 2021 in A.S.No.600 of 2011.)
f m
r
AND
...RESPONDENT
...PROPOSED RESPONDENT N0.2
Rajamahendravaram Urban, East Godavari District.
(Rep. by is mother / GPA Holder Sadanala Muni Kumari proposed Respondent No.2)
(Permitted the GPA Holder i.e., Sadanala Muni Kumari who is mother of proposed respondent no.2 vide Court Order dated 01.08.2024 in I.A.No.2 of 2024 in A.S.No.600 of 2011.)
...RESPONDENTS
Counsel for the Appellants : SRI P S P SURESH KUMAR
Counsel for Respondent No.1 : SRI SRINIVAS KARRA
Counsel for Respondent No.2 : SRI P RAJESH BABU
The Court made the following JUDGMENT :
APHC010201162011
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI m (Special Original Jurisdiction)
[3369]
WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
APPEAL SUIT No: 600/2011:
Between:
Adabala Venkataswamy Naidu and Others
...APPELLANT(S)
AND
S Uma Venkata Lakshmi and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1.PSPSURESH KUMAR
Counsel for the Respondent(S);
1.P RAJESH BABU
2.SRINIVAS KARRA
THE COURT MADE THE FOLLOWING JUDGMENT:
The Appeal Suit is preferred by the appellants/plaintiff against the Judgment and Decree dated 06.07.2011, passed in O.S.No.61 of 2006, on the file of the learned District Judge, East Godavari District, at Rajamundry.
- I.A.No.3 of 2024 is filed by the petitioners seeking permission of this Court to withdraw the appeal by confirming the Judgment and Decree passed by the Trail Court to the extent of granting alternative relief of recovery of
T
advance sale consideration amount of Rs.4,10,000/- paid under Ex.A1, A2 and A3.
- Learned counsel appearing on both sides are present.
- Learned counsel for the appellants seeks permission to \A/ithdraw this appeal by filing I.A.No.3 of 2024.
- Learned counsel for the respondents reports no objectiontowithdraw the appeal.
- Accordingly, the Appeal Suit is dismissed as withdrawn. There shall be no order as to costs.
Interim orders granted earlier, if any, shall standvacated.
Miscellaneous petitions pending, if any, in this appeal shall stand
closed.
To
SD/- V.DIWAKAR DEPUTY, REGISTRAR //TRUE COPY// SEC OFFICER
f
HIGH COURT
DATED; 11/12/2024
JUDGMENT
AS.No.600 of 2011
yo
g 3 1 DEC 20?')
09
.jv ^ Current Section . ^
DISMISSING THE APPEAL SUIT AS WITHDRAWN
1 issue framed by the court
Whether the appeal suit against the judgment and decree in O.S.No.61 of 2006 could be withdrawn by confirming the trial court's grant of the alternative relief of recovery of advance sale consideratio
1 provisions across 1 enactments
Adabala Venkataswamy Naidu (died) LRs 2 to 4
S. Uma Venkata Lakshmi
Sadanala Veera Venkata Chandra Sekhar
Sadanala Muni Kumari
T Mallikarjuna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
