APHC010679992017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 1089/2017 Between: 1. MANOHAR LAL GUPTHA (DIED) & 4 OTHERS, - 2. SMT.LEELA DEVI GUPTA, W/O.GOVINDALAL GUPTA, OCC: HOUSEWIFE R/O.DEVI BHAVANAM MAIN ROAD, BESIDES UMA MAHESWARA CYCLE SHOP, PARVATIPURAM, VIZIANGARAM DISTRICT. 3. SMT.SUDHANA RANI GUPTA, W/O.LATE MANOHARLAL GUPTA, OCC: R/O.DEVI BHAVANAM MAIN ROAD, BESIDES UMA MAHESWARA CYCLE SHOP, PARVATIPURAM, VIZIANGARAM DISTRICT. 4. SAKSHI GUPTA, D/O.LATE MANOHARLAL GUPTA, OCC: REP BY HER NATURAL GUARDIAN MOTHER PETITIONER NO.3 R/O.DEVI BHAVANAM MAIN ROAD, BESIDES UMA MAHESWARA CYCLE SHOP, PARVATIPURAM, VIZIANGARAM DISTRICT. 5. GEETHIKA GUPTA, D/O.LATE MANOHARLAL GUPTA, OCC: REP BY HER NATURAL GUARDIAN MOTHER PETITIONER NO.3 R/O.DEVI BHAVANAM MAIN ROAD, BESIDES UMA MAHESWARA CYCLE SHOP, PARVATIPURAM, VIZIANGARAM DISTRICT. ...APPELLANT(S) AND 1. GEMBALI GANPATHIRAO VIZIANAGARAM DIST, S/o.Satyanarayana, Occ: Business R/o.Main Road, Besides Uma Maheswara Cycle Shop, Parvatipuram, Viziangaram District. Also R/o.Kodigudla Street, Parvathipuram, Vizianagaram District. ...RESPONDENT Appeal under section ___________ against ordersaggrieved by the Decree and Judgment dated 18.08.2017 in AS No.15 of 2016 on the file of the Court of the II Additional District Judge at Parvatipuram, Vizianagaram District by reversing the Decree and Judgment dt.21.03.2016 in OS No.58 of 2013 on the file of the Court of the Principal Junior civil Judge at Parvathipuram, Vizianagaram District. IA NO: 1 OF 2017(SAMP 2204 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased sty of all further proceedings pursuant to the decree and judgment dt.21.03.2016 in OS No.58/2013 on the file of the Court of the Principal Junior Civil Judge at Parvathipuram, Vizianagaram District by reversing the decree and judgment dated 18.08.2017 in AS No.15/2016 on the file of the Court of the II Additional District Judge at Parvatipuram, Vizianagaram District pending disposal of the above SA in this Hon'ble Court IA NO: 4 OF 2017(SAMP 31987 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Extend in SAM. 1089/17 Dt. 5/10/2017 of all further proceedings pursuant to the Decree and Judgment dated 24.03.2016 in OS.No. 58 of 2013 on the file of the Court of the Principal Junior Civil Judge at Parvathipuram, Vizianagram District by reversing the Decree and Judgment dated 18.08.2017 in AS.No. 15 of 2016 on the file of the Court of the II Addl District Judge, Parvatipuram Vizianagaram District pending disposal of the above Second Appeal in this Hon'ble Court and to pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Hon'ble Principle Junior Civil Judge Court, at Parvathipuram, Vizianagaram to grant permission to petitioners/appellans to withdraw rents deposited in OS NO.58 of 2013 on the file of Hon'ble Principle Junior Civil Judge, Parvathipuram, Vizianagarm District by respondent/defendant by considering the petition of the petitioners/appellants in the interest of justice and pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to declare the 4th petitioner in the above appeal as major and discharge the 3rd petitioner herein as guardian of 4th petitioner in the above appeal and its consequent proceedings in the interest of justice and pass Counsel for the Appellant(S): 1. M V MANI SEKHAR Counsel for the Respondent: 1. K SUBRAHMANYAM The Court made the following: THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 1089/2017 JUDGMENT:- It is represented by the learned counsel for the appellants that they have filed a memo before the Registry on 10.04.2026, seeking withdrawal of the Second Appeal, wherein the appellants reiterated that, during the pendency of the Second Appeal, the respondent vacated the premises by handing over peaceful possession of the subject matter property to the appellants, and in view of the changed circumstances, the appellants do not wish to prosecute the second appeal and seek permission to withdraw the same. 2. The memo filed by the appellants is placed on record. 3. Permission is granted. 4. Accordingly, the Second Appeal is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 16.04.2026 LSP THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 1089/2017 Date: 16.04.2026 LSP