Dismissed

Samala Srinivas v. Bellam Subba Rao

Telangana HC23 Mar 2023SA/330/2022

Case brief

AI extract

What is this about?

This judgment allows an interim prayer (IA No.1 of 2023) under Section 151 CPC permitting the appellants to withdraw the second appeal. Consequently, the court dismisses the second appeal as withdrawn, granting the appellants leave to pursue a comprehensive suit for declaration and title.

What did the court decide?

Appellant's prayer under Section 151 CPC for leave to withdraw the appeal is allowed. Second Appeal is dismissed as withdrawn.

Samala Srinivas Vs Bellam Subba Rao — Property and Title | Telangana HC (2023)

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[³²⁵⁸ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SAMBASIVA^{RAO NAIDU}

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Appeal under Section 100 of CPC against the Judgment and^decreedated 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.

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Samala Srinivas, S/o Durgaiah, Aged 50yrs, Occu. Pvt.Contractor,

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Samala Subhash, S/o.Durgaiah, Aged 45^yrs, Occu. Typist.

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Samala Yadaiah, S/o Durgaiah, Aged 40^yrs, Occu. Agriculture, All are R/o Rampur village . Kulcharam Mandal, Medak District.

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...DEFENOANT/ APPELLANTS/ APPELLANT

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NIT'

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Bellam Subba Rao, (died) L.Rs R-3 to R-5

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Musunuri Gopal Rao, (died) L.Rs R-6 to R-11

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B.Vijaya Laxmi, Wo late.Bellam Subba Rao, Aged 55^yrs, Occ. Household.

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B.Kiran Kumar, S/o late.Ballam Subba Rao, Aged 33^yr. Occu. Agriculture,

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Smt.Nirmalamma, D/o late. Bellam Subba Rao, Aged 42^yrs. Occu. Housewife,

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All are Rl/o Machavaram village, Mandal and.District. Medak.

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M.Seetha Ramaiah, S/o late. Gopal^Rao, Aged^{70 yrs,}

...PLAINTIFFS/ RESPONDENTS/ RESPONDENTS

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Petition under Section 151 of CPC^{prayingthat in the circurnstancesstated} in the affidavit filed herein, the^{High Court maybe pleased to permit the petitioners} to withdraw the^present Second^{AppealNo.330ot 2022 with leave to pursuethe} legal remedies available to the^{petitioners by wayof filingcomprehensiveSuit for} Declaration and title before the Gompetent^Court.

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l.A. NO: 2 OF 2015

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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.

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For the Appellants : SRI RAJ KUMAR RUDRA, Advocate

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For the Respondent Nos.3 to 7 : sRl J.PRABHAKAR, Advocate For the Respondent No.8: sRl AKULA MANoJ KUMAR, Advocate

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For the Respondent Nos.9 to 11 : NONE APPEARED

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The Court delivered the following : JUDGMENT

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{ ,

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THE HON'BLE SRI JUSTICE^{SAMBASIVA RAO NAIDU}

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APPEAL .330 0F

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JUDGMENT:

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This second appeal is filed being aggrieved^{by the} 1n Judgment and Decree dated^{O5.L2.2O14 passed} A.S.No.2S of 2OI3 (old A.S.No.13 of 2OLl)^{by learnedVIII} Additional District Judge, Medak,^{whereunderthe} 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.

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appellants/defendants seeking^{permissionof this Court} to withdraw the Second Appeal with^{a leave to pursue} legal remedies available to'the^{petitionersby way of filing} comprehensive suit for declaration^{and title before the}

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Competent Court

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3 Heard. Perused the record. 4 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.

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Pending miscellaneous applications, if any, shall stand closed. No Costs.

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//TRUE COPYII

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Sd/-M.MANruLA DEPUTY REGIS/RAR til/ SECTION OFFICER

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T,o

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The Vlll Additional District Judge, Medak.

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The Senior Civil Judge, Medak.

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One CC to Sri Raj Kumar Rudra, Advobate [OPUC] 4. One CC to Sri Manoj Kumar Akula, Advocate [OPUC]

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One CC to Sri J.Prabhakar, Advocate [OPUC] Kj 6. \yTwo CD Copies

HIGH COURT

DATED:2310312023

JUDGMENT

SA.No.330 ot 2022

1$E ST,q
()o 0 6 APn 2023
*.
De: :'r-. '. \ . Lit, - !r

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ALLOWING IA NO.1 OF 2023 DISMISSING SA AS WITHDRAWN WITHOUT COSTS.

Samala Srinivas v. Bellam Subba Rao

Case brief

What is this about?

What did the court decide?

Samala Srinivas v. Bellam Subba Rao

Case brief

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