Athota Satish Babu vs Athota Somaiah,
2024 Latest Caselaw 10374 AP

Andhra Pradesh High Court - Amravati

Athota Satish Babu vs Athota Somaiah, on 15 November, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

 APHC010173912024
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                           [3494]
                              (Special Original Jurisdiction)

                    FRIDAY, THE FIFTEENTH DAY OF NOVEMBER
                       TWO THOUSAND AND TWENTY FOUR

                                    PRESENT

           THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

             THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                    I.A No.2 of 2024 in APPEAL SUIT NO:372/2024
                                       and
                            APPEAL SUIT NO:372/2024
Between:

Athota Satish Babu,
S/o.Nageswara Rao,
Aged about 47 years, Business,
R/o.Takkellapadu Village,
Pedakakani Mandal, Guntur District                                 ...APPELLANT

                                       AND

Athota Somaiah,
S/o.Nageswara Rao,
Aged about 71 years,
Business, R/o.Takkallapadu Village,
Pedakakani Mandal, Guntur District.                              ...RESPONDENT

Counsel for the Appellant: 1. DODDALA YATHINDRA DEV Counsel for the Respondent: 1.

The Court made the following Judgment: (per NJS,J)

Heard Mr.Prudhvi Teja, learned counsel for the appellant.

2. At the time of considering the matter, the learned counsel, while drawing the attention of this Court to the affidavit filed in support of I.A No.2 of 2024 inter alia submits that the parties, during pendency of the appeal, settled the matter and an award dated 14.09.2024 was passed in the Lok Adalat Case No.1278 of 2024 by recording the terms of compromise. He submits that in view of the same, nothing survives of adjudication.

3. He also submits that as the dispute is settled between the parties, the petitioner/appellant seeks permission to withdraw the main appeal and that the petitioner/appellant is entitled for the refund of the Court fee of Rs.28,056/- which was paid at the time of filing of the appeal.

4. Considering the submissions made, the petitioner/appellant is permitted to withdraw the appeal.

5. Further, the Registry is directed to refund the Court fee of Rs.28,056/- by depositing the same into the petitioner's bank account, the details of which are furnished in the affidavit filed in support of the I.A.

6. Miscellaneous petition i.e., I.A No.2 of 2024 is accordingly ordered.

7. The appeal is dismissed as withdrawn. No costs.

As a sequel, all pending applications shall stand closed.

___________________________________ JUSTICE NINALA JAYASURYA

_______________________________ JUSTICE NYAPATHY VIJAY

Date:15.11.2024 Ksj