HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY SECOND APPEAL No.1011 of 2013 Date:26.06.2014 Between:
Gayam Konda Reddy, S/o Velugonda Reddy and five others.
And:
Ganta China Kotaiah (died) and four others.
…… Appellants …… Respondents Counsel for the appellants: Sri I.Koti Reddy Counsel for the respondents: Sri M.Ram Mohan The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY SECOND APPEAL No.1011 of 2013 ORDER:
This Second Appeal arises out of judgment and decree, dated 05.11.2008, in A.S.No.8 of 2004 on the file of the learned Senior Civil Judge, Darsi, whereby he has partly allowed the appeal filed by the respondents against the judgment and decree, dated 30.07.2004, in O.S.No.207 of 1999 on the file of the learned Junior Civil Judge, Podili.
Sri I.Koti Reddy, the learned counsel for the appellants, on instructions from his clients, submitted that his clients would like to file a substantive suit for declaration of title and recovery of possession of the suit schedule properties without pursuing this Second Appeal. He has, accordingly, requested for permission of the Court to withdraw the Second Appeal with liberty to avail the above-mentioned remedy.
In the light of the above submissions of the learned counsel for the appellants, the Second Appeal is dismissed as withdrawn with liberty to the appellants in terms of the prayer made.
As a sequel to dismissal of the Second Appeal, SAMP.No.2621 of 2013 is dismissed as infructuous.
26th June, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY