HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.19807 of 2009 DATE:20-12-2010 BETWEEN Rachakonda Narendar …Petitioner AND The Presiding Officer/Senior Civil Judge, Jagtial, Karimnagar District & Another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.19807 of 2009 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Learned counsel for the petitioner addressed a letter to the Registry seeking permission of this Court to withdraw the writ petition, which is filed questioning the execution of the decree passed in a suit filed for recovery of amount. Admittedly, against the decree passed in the suit in O.S.No.68 of 2002, an appeal in A.S.No.2217 of 2004 has already been filed and the same is pending before this Court. It is now fairly well settled that when a statutory right of appeal is provided to the High Court, invoking the writ jurisdiction under Article 226 of Constitution of India is not at all warranted [see Raj Kumar Shivhare v. Assistant Director, Directorate of Enforcement and another (2010) 4 SCC 772]. The writ petitioner by abusing the process, filed the writ petition and obtained stay of execution of decree, which is continued nearly more than 15 months, and now, the petitioner filed the letter seeking withdrawal of the writ petition. In the circumstances, the writ petition is accordingly dismissed as withdrawn on condition of petitioner paying the costs of Rs.1,000/- (Rupees one thousand only) to the A.P. Legal Services Authority, Hyderabad within one month from today. No order as to costs. _______________ A. GOPAL REDDY, J. _______________ C.V.RAMULU, J. DECEMBER 20, 2010 Tsr.