S.Kumaraswamy vs Y.Srinivasa Rao
2024 Latest Caselaw 7257 AP

Citation : 2024 Latest Caselaw 7257 AP
Judgement Date : 19 August, 2024

Andhra Pradesh High Court - Amravati

S.Kumaraswamy vs Y.Srinivasa Rao on 19 August, 2024

 APHC010027252002
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                       [3369]
                              (Special Original Jurisdiction)

                    MONDAY,THE NINETEENTH DAY OF AUGUST
                      TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

         THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO

                         SECOND APPEAL NO: 693/2002

Between:

S.kumaraswamy                                                     ...APPELLANT

                                     AND

Y Srinivasa Rao                                              ...RESPONDENT

Counsel for the Appellant:

1. B MANJULATHA VEDAVALLY

Counsel for the Respondent:

1. Y CHANDRASEKHAR

The Court made the following JUDGMENT:

1. This Second Appeal was filed by the appellant/defendant under Section

100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the

Judgment and decree, dated 07.08.2001 passed in A.S.No.114 of 1996 on the

file of learned II Additional District Judge, West Godavari District, wherein

reversing the judgment and decree, dated 17.06.1996 passed in O.S.No.50 of

1991 on the file of learned Principal Subordinate Judge, Eluru.

2. Today, when the matter is taken up for hearing in the morning session,

no representation was made on behalf of either side. The matter was

subsequently passed over until 2.15 P.M.

3. In the afternoon session, learned counsel for the appellant is present.

No representation on behalf of the respondent. Learned counsel for the

appellant submits that the matter has been settled out of Court. The appellant

has paid the agreed amount between the parties. Hence, no cause survives

for adjudication in this matter and seeks for dismissal of the appeal.

4. In view of the above submission made by the learned counsel for the

appellant, and without evaluating the validity of the claims concerning the

compromise between the parties and the payment made, the Second Appeal

is dismissed. However, there shall be no order as to costs.