Dismissed

Naguluri Satyanarayana v. Rallabandi Bala Hanumantha Raju

Andhra Pradesh HC10 Jan 2024SA/1248/2007

Case brief

AI extract

What is this about?

The appellant filed interim applications seeking permission to withdraw a second appeal and return of original documents. The court granted permission to withdraw the appeal under Section 151 CPC and directed the registry to return the original documents to the appellants upon acknowledgment.

What did the court decide?

Permission to withdraw appeal granted; Second Appeal dismissed as withdrawn. Original documents to be returned to appellants.

Naguluri Satyanarayana Vs Rallabandi Bala… — Property and Title | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

THURSDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR

¶5

I.A.Nos.l & 2 of 2024

¶6

in/and

¶7

SECOND APPEAL NO: 1248 OF 2007

¶8

Appeal under section 100 of CPC, Aggrieved by the Decree and Judgment, Dt.21.12.2006 passed in A.S No.270 of 2006^{onthefileofthe} court of VII Additional District & Sessions Judge, [Fast Track Court], Krishna District at Vijayawada, allowing the appeal and thereby^{settingasidethe} Decree and Judgment Dt.03.10.2006 in O.S No.1 of 1998^{onthefileofcourt} of Senior Civil Judge’s Court, Nuzvid.

¶9

Between:

¶10

Naguluri Satyanarayana, S/o Suryanarayana, Hindu,^Agedabout67 years. Agriculturist, R/o Mylavaram, Krishna District.

¶11

.. .Appellant/Plaintiff/Defendant

¶12

Naguluri Kasturi, W/o. Satyanarayana, Aged about 71 years, R/o. D.No.11-29, Geetha Mandiram, Mylavaram Village and^{Mandal,Krishna} District.

¶13

Thota Durga Maha^akshmi, W/o, Atchutha Rajasekhar, R/o. D.No. 5- 642, 5th Street, Bommuru, Netajinagar, Rajamahendravaram City, East Godavari District.

¶14

‘ 4. ,Naguluri Ratnababu, (Died Per LRs)

¶15

. • 5. Karimikonda Venkata Lakshmi, W/o. Haribabu, Aged about 46 years, R/o. D.No.9-150, Srimannarayana Road, Ashok Nagar, Vijayawada-7, Kanuru, Krishna District.

¶16

Naguluri Suryanarayana, S/o. Satyanarayana, Aged about 42 years, R/o. D.No. 28/10, Sivaji Veedhi, Mylavaram Village and Mandal, Krishna District.

¶17

Naguluri Devaki Devi, W/o. Naguluri Ratnababu, Aged about 50 years, D.No. 16-55, Bandhagar, Mylavaram Village, Krishna^District.

¶18

Naguluri Veena Manasa, W/o. Gidugu Kiran Kumar, Aged about 28 years, D.No.16-55, Bandhagar, Mylavaram, Krishna District.

¶19

Naguluri Bhavana, D/o. Naguluri Ratnababu, Aged about 26 years, D.No. 16-55, Bandhagar, Mylavaram, Krishna District.

¶20

(As per the Court order dated 21-12-2023, Appellant^Nos.7 to 9 are brought on record as LRs of the deceased Appellant No.4, Vide I.A.No.3of2023 in lA No. 1 of 2018 in S.A.No. 1248 of 2007)

¶21

(As per the Court order dated 26-12-2023, Appellant^Nos.2 to 6 are brought on record as LRs of the deceased sole Appellant,^VideI.A.No.1 of 2018 in S.A.No.1248 of 2007)

¶22

.. .Appellant/Plaintiff/Defendant

¶23

AND

¶24

^ ‘

¶25

Rallabandi Bala Hanumantha Raju, S/o Late Pullam Raju, Hindu, Aged about 52 years, Occ: Business, R/o E.C.I.L. Colony, Hyderabad.

¶26

...Respondent/Appellant/Defendant

¶27

lA NO: 1 OF 2024

¶28

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 appellants to withdraw the present Second Appeal

¶29

lA NO: 2 OF 2024

¶30

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 direct the Registry to return the original documents filed in relation to the subject property of the present Second Appeal

¶31

Counsel for the Appellants: Sri. Sal Saran Chodisetty

¶32

Counsel for the Respondent: Sri. VSR Anjaneyalu

¶33

The Court made the following:

THE HON’BLE SRI JUSTICE DR.V.R.K.KRUPA SAGAR

¶38

I.A.Nos.01 of 2024 and I.A.No.02 of 2024

¶39

In/and

¶40

SECOND APPEAL No. 1248 OF 2007

¶41

JUDGMENT :

¶42

I.A.No.01 of 2024 is filed by the appellants seeking permission to withdraw the appeal. Learned counsels on both sides are present. Heard learned counsels.

¶43

Permission accorded. I.A.No.Ol of 2024 is allowed.

¶44

In the result, the Second Appeal is dismissed as withdrawn. No order as to costs. 04. I.A.No.02 of 2024 is an application filed by the appellants seeking return of Registered Sale deed dated 25-12-1946 as per Ex.Al. This document was filed by^the plaintiff before the Trial Court who is the appellant^herein.

¶45

Since the Appeal is withdrawn, Registry is directed^to return Ex.Al to the appellants on due acknowledgment and substitution.

¶46

Accordingly, this application I.A.No.02 of 2024 ISi allowed.

¶47

¶48

Consequently, miscellaneous petitions if any, stand

closed.

Sd/- E KAMESWARA RAO

DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The VII Additional District & Sessions Judge, [Fast Track Court]: Vijayawada, Krishna District, (with records as per High Court Order Dated 11.01.2024 in SA No. 1248 of 2007)

¶56

The Civil Judge (Senior Division), Nuzvid, Krishna District, (with records as per High Court Order Dated 11.01.2024 in SA No. 1248 of 2007)

¶57

One CC to Sri. SaiSaran Chodisetty, Advocate [OPUC]

¶58

One CC to Sri. VSR Anjaneyalu, Advocate [OPUC]

¶59

The Section Officer, V.R. Section, High Court of A.P. at Amaravathi.

¶60

Two CD Copies

SAM

sns

HIGH COURT

DATED: 11/01/2024

ORDER

"T'.,
=C c?<br>rn
2 5 JUN 202'i u
Current Section \r
I%O

¶68

I.A. Nos.1 & 2 of 2024 in/and SA.No.1248 of 2007

¶69

ALLOWING THE I.A.Nos.1 & 2 of 2024 DISMISSING THIS SECOND APPEAL AS WITHDRAWN WITHOUT COSTS

Naguluri Satyanarayana v. Rallabandi Bala Hanumantha Raju

Case brief

What is this about?

What did the court decide?

Naguluri Satyanarayana v. Rallabandi Bala Hanumantha Raju

Case brief

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What the court decided

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