G Naveen, Hyd vs G.Usharani, Krishna Dist 3 Others
2024 Latest Caselaw 4632 AP

Andhra Pradesh High Court - Amravati

G Naveen, Hyd vs G.Usharani, Krishna Dist 3 Others on 21 June, 2024

APHC010715922016
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                   [3366]
                          (Special Original Jurisdiction)

             MONDAY ,THE TWENTY FOURTH DAY OF JUNE
                TWO THOUSAND AND TWENTY FOUR

                              PRESENT

           THE HONOURABLE SRI JUSTICE B SYAMSUNDER

                     SECOND APPEAL NO: 888/2016

Between:

G Naveen, Hyd                                           ...APPELLANT

                                 AND

G Usharani Krishna Dist 3 Others and Others        ...RESPONDENT(S)

The Court made the following Judgment:

Learned counsel for the appellant, Mr.P.Prabhakar Rao

represented the case. Learned counsel for the respondents,

Mr.G.Raghu represented the case.

2. Learned counsel for the appellant filed memo before the

Registry seeking permission to withdraw the appeal with a liberty

to proceed with O.S.No.223 of 2018 on the file of II Additional

District Court, Vijayawada which is said to be comprehensive suit

filed by him for declaration of his title and recovery of possession.

3. Learned counsel representing the respondents would submit

that liberty may be given to the respondents to raise all defenses 2 BSS, J

which are available under law with regard to maintainability of

O.S.No.223 of 2018.

4. As appellant sought permission to withdraw the appeal on

the ground that he already filed O.S.No.223 of 2018, on the file of II

Additional District Court, Vijayawada, seeking declaration of his

title and recovery of possession, he is permitted to withdraw the

present appeal with a liberty to prosecute the said suit and

respondents are also at liberty to raise all defenses available to

them as per law in the said suit.

5. In the result, the Second Appeal is dismissed as withdrawn.

No order as to costs.

Consequently, miscellaneous petitions, if any, shall stand

closed. The interim stay granted if any, shall stand vacated.

____________________________________ JUSTICE BANDARU SYAMSUNDER Date: 21.06.2024 RSD 3 BSS, J

THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

SECOND APPEAL NO: 888/2016

Date: 21.06.2024 RSD