THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL MISCELLANEOUS APPEAL No.1125 of 2005 JUDGMENT: This Civil Miscellaneous Appeal, under Order 43 Rule 1 of C.P.C., is filed against the order dated 14.08.2005 passed in I.A.No.189 of 2002 in O.S.No.21 of 2002 on the file of the learned Senior Civil Judge, Kothapeta. Today, when the matter is taken up for hearing, it is represented by the learned counsel on either side that the suit in O.S.No.21 of 2002 itself has reached the stage of arguments and it is, in fact, posted for arguments today. Having regard to the aforesaid submissions of the learned counsel and also that this appeal relates to the year 2005, but no stay of the impugned order is stated to have been granted, I am of the considered opinion that if the appeal is decided at this stage, no purpose would be served, except dragging the matter, and therefore, this appeal is liable to be dismissed. Accordingly, this civil miscellaneous appeal is dismissed, leaving liberty to the appellant to raise all the pleas with regard to his claim before the trial Court itself, if any necessary. No order as to costs. _____________ C.V.RAMULU,J 12.08.2010 v v