IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL NO : 1633 of 2008 Between: 1. Valluri Jaya Pakash Babu, S/o. Vasantha Rao. 2. Valluri Srinivasa Babu, S/o. Jayaprakash Babu 3. Valluri Vasantha Babu, S/o. Jaya Prakash Babu, ..... APPELLANTS AND 1 Midathana Raju, S/o. Late Mariyan, R/o. D.No. 27-6-1, Spring Road, Visakhapatnam. 2 Ms. Madithana Sudha D/o. Raju, R/o. D.No. 26-8-20, Rajarama Mohanroy Road, Visakhapatnam. ( R-2 is not necessary to this Appeal) .....RESPONDENTS (Appeal under Order 43 Rule 1 of C.P.C against the order of the Court of the I Additional District Judge, Vizianagaram Dated 20.10.2008 in IA.No.2096 of 2008 in O.S.No. 20 of 2008 This appeal coming on for hearing and upon perusing the memorandum of Appeal, the orders of the Lower Court and the material papers in the case, and upon hearing the arguments of Sri N.Siva Reddy, Advocate fro the Appellant and the Respondent No.1 not appearing in person or by Advocate . This Court while dismissing the Civil Misce. Appeal doth order and decree as follows: 1. that the Order/decree in IA.No.2096 of 2008 in OS.No.20 of 2008 dated 20.10.2008 on the file of the I Additional District Judge, Vizianagaram be and hereby is confirmed. 2. that the Court below be and hereby is directed to dispose the main suit within a period of three months from the date of receipt of a copy of this Judgement; and 3. that there be no order as to costs in this Civil Misce. Appeal. Sd/- T. VENKATESWARA RAO ASSISTANT REGISTRAR //true copy// SECTION OFFICER To 1. I Additional District Judge, Vizianagaram, Vizianagaram District. ( With Records.) 2..2 CD copies. RV HIGH COURT Dated 3.3.2009 DECREE CMA.No.1633 of 2008 Dismissing the Civil Miscellaneous Appeal without costs.