Taufeequnnisa Begum Mumtaz Begum vs Abu Baker Bin Ahmed
2021 Latest Caselaw 1873 Tel

Item No.35



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                           F.C.A.No.44 of 2021


JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The present appeal is directed against a judgment dated

19.02.2020 passed by the learned Additional Family Court at

Hyderabad     dismissing     O.P.No.1308      of   2016    filed   by   the

appellant/petitioner for restitution of conjugal rights and for

permanent injunction restraining the respondent from dispossessing

her and the four children of the parties from the schedule property

situated at Sri Ram Nagar, Yousufguda, Hyderabad.

2. The matter was passed over to enable learned counsel for the

appellant to seek instructions from his client as to whether she

proposes to press the present appeal for the relief of injunction, in

view of the fact that she had already filed O.S.No.559 of 2018 against

the respondent and a third party for declaration and recovery of

possession in respect of the part of the suit schedule property, which is

stated to be pending.

3. On the second call, Mr. Harish Kumar, learned counsel for the

appellant states that the said suit is still pending and instead of

pressing the present appeal, he seeks leave of this court to withdraw the appeal, while reserving the right of his client to press O.S.No.559

of 2018 and O.S.No.977 of 2017, which are pending adjudication

before the trial court.

4. Leave, as prayed for, is granted and the present appeal is

disposed of as not pressed along with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

29.06.2021 vs