In a partition dispute, the High Court allowed the appellant to withdraw the second appeal with liberty to file a civil miscellaneous appeal under Order 41 Rule 3 CPC against the lower appellate court's remand order.
The second appeal was dismissed as withdrawn; the appellant is permitted to file a civil miscellaneous appeal.
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.
[3330]
APHC010080792026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
SECOND APPEAL NO: 702/2026
Between:
...APPELLANT
AND
2
...RESPONDENT(S):
Appeal under section ___________ against ordersAggrieved by the Judgment dated 30.03.20 15 in O.S. No.138 of 2011 on the file of Junior Civil Judge - Cum - Camp Court at Badvel, the plaintiffs filed Appeal Suit vide A.S. No.13 of 2015 on the file of Additional Senior Civil Judge (Fast Track court), Rajampet at Badvel.
IA NO: 1 OF 2026
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 suspend the operation of the Judgment dated 16.12.2025 passed in A.S. No. 13 of 2015 on the file of Additional Senior Civil Judge ( Fast Track Court), Rajampet at Badvel, pending disposal of the main second appeal
Counsel for the Appellant:
Counsel for the Respondent(S):
The Court made the following:
3
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO SECOND APPEAL NO: 702/2026
ORDER:
The respondent herein, who is the plaintiff, filed a suit in O.S.No.138 of 2011 on the file of the learned Junior Civil-cum-Camp Court at Badvel, for partition. The suit was dismissed on the ground of non-joinder of necessary parties, vide judgment and decree dated 30.08.2015.
and the appellant is permitted to file a Civil Miscellaneous Appeal under Order 43 of the C.P.C.
4
Registry is directed to return the original documents to the appellant.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Note: Issue C.C.TOMORROW
B/o.
Date: 16.09.2026 RMD
5
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
SECOND APPEAL NO: 702/2026
Note: Issue C.C.TOMORROW
B/o.
Date: 16.09.2026
RMD
2 issues framed by the court
Whether to allow withdrawal of the second appeal with liberty to file a civil miscellaneous appeal.
Whether to dismiss the second appeal as withdrawn and permit a fresh appeal under Order 41 Rule 3 CPC.
Pallemsetty Venkata Subbiah
Gosula Lakshmi Narayanamma
Adapala Saraswathi
Pasala Venkata Subbamma
Yenugula Venkata Lakshmi
Yagateela Thulasi
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
