The High Court allowed a miscellaneous application for withdrawal of a second appeal on the ground of a compromise outside court entered between the appellants and respondent No.1. The appeal was subsequently dismissed as withdrawn.
Permission granted to withdraw the Second Appeal; the Appeal dismissed as withdrawn without costs.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE FOURTH DAY OF AUGUST
TWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
LA.NO: 2 OF 2020
IN/ AND APPEAL NO: 10
l.A.NO.2 oF 2020:
Between:
AND
..,RESPONDENTS/ RESPONDENTS
Petition under Order XXlll Rule 1 R/w. Section 151 of the Code of Civil Procedure 1908, 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 above Second Appeal in view of the Compromise entered with Respondent No.'1
SA NO.1057 of 2003:
Appeal under Section 100 of CPC against the Judgment and decree made in A S.No.BB of 2000 dated 1010412003 on the file of the Court of the lX Additional Chief Judge, City Civil Court, (Fast Track Court), Hyderabadpreferred against the decree in OS No.121B of 1990 dated 2711211999 on the file of the Court of theV Senior Civil Judge, City Civil Court, Hyderabad.
Between:
AND
...RESPONDENTS
CMP. NO: 23721 OF 2003
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of memo of grounds of Second Appeal, the High Court may be pleased to grant stay of execution of the decree in OS.No.'121811990 on the file of the Senior Civil Judge, City Civil Cou11, Hyderabad, confirmed in AS.No BB12000 on the file of the lX Additional Chief Judge [Fast Track Court] City Civil Court, Hyderabad.
For the Appellants : SRI N.NAVEEN KUMAR, Advocate in both lA No.2/2020 and in SA No.105712003
For the Respondent No.1 : SR! Y.RATNA KUMAR, Advocate in both lA No.212020 and in SA No.105712003
The Court delivered the following: JUDGIVENT
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER
I.A.No.2 of 2O2O
in / and
COMMON ORDER:
LA, No.2 of 2020 is filed by the petitioners/appellants under Order XXIII Rule 1 read with Section 151 of CpC, seeking permission of this Court to withdraw the second appeal in view of the compromise entered in between tl're appellants and [he respondent No.1.
3, Sri N.Naveen Kumar, learned counsel for the petitloners/ appellants would submit that the parties have compromised the subject matter of the appeal outside of the Court and hence he seeks permission of this Court to withdraw the appeal,
5, Accordingly, LA.No.2 of 2020 is allowed and the Second Appeal is dismissed as withdrawn. There shall be nr> order as to costs
2
Miscellaneouspetitions, ifoflY, pending in this Second
Appeal shall standclosed.
Sd/-K.SREENIVASA RAO DEPUTY REGIST R
/TRUE COPYII
SECT OFFICER
To
(with records)
5, Two CD Copies
Kj
\ },*
HIGH COURT
DATED:04/08/2020
1 H L (.I I 4 7'{:
'J!t-
oo 21 Ati t,rr o
*
t Dt .) PAT c13
COMMON ORDER
l.A.No.2 of 2020 ln / and SA.No.1057 of2003
Allowing thelA No.212020and Dismissing theSA as withdrawn without costs'
Z>o
1 issue framed by the court
Whether permission should be granted to withdraw the second appeal in view of a compromise entered outside court.
1 provisions across 1 enactments
P.N/adhusudan Rao
Smt. P.Shanta Laxmi
Smt. IVadireddy Sita IVahalaxmi
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
