PARVATHAMMA Vs. MADAMMA

JUDGEMENT

(1.) HEARD the learned counsel for I-respondent.

(2.) DURING pendency of R.A.No.193/2002, an application under Order XXIII Rule 1 (IA No.II) was filed for permission to withdraw the suit and file a fresh suit on the same cause of action. The application was opposed by respondents. Thereafter, the matter was adjourned to several dates. On 06.01.2006, I-appellate court reserved the appeal for orders on IA No.II and adjourned the appeal to 10.01.2006. On 10.01.2006, I-appellate court did not pronounce the orders on IA No.II, on the other hand, the matter was adjourned for orders on IA No.II to 25.01.2006. On 25.01.2006, not only IA No.II but also appeal was dismissed in terms of the impugned judgment.