THE HON’BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.5 of 2007 Dated: 18TH February, 2010 Between: Ch.Manikyam …Appellant AND Rayapu Srinivasulu and others. …Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.5 of 2007 JUDGMENT: The appellant is plaintiﬀ in O.S.No.530 of 2002 on the ﬁle of the II Additional Senior Civil Judge, Kurnool. The suit was ﬁled for declaration and possession of the plaint schedule property. The suit was dismissed on 21.04.2006. Thereupon, the appellant ﬁled A.S.No.70 of 2006 on the ﬁle of the IV Additional District Judge, Kurnool. He also ﬁled I.A.No.62 of 2006 under Order 39 Rule 1 and 2 of C.P.C. and sought for interim injunction. The said I.A. was dismissed by order dated 19.11.2006. Aggrieved by the same, the appellant has ﬁled the present appeal. During the course of hearing, Sri J.U.M.V.Prasad, learned counsel appearing for the appellant and Sri R.Pavan Reddy, learned counsel appearing for respondents 1 and 2 submitted that the Appeal Suit itself was dismissed for default, therefore, no orders need be passed in this Civil Miscellaneous Appeal. The learned counsel for the appellant however submitted that the appellant has already ﬁled petition for restoration and liberty may be given to pursue the same. In view of the dismissal of the Appeal Suit, this Civil Miscellaneous Appeal is dismissed as infructuous. The appellant is at liberty to pursue his remedies for restoration of the Appeal Suit, as are available to him in law. There shall be no order as to costs. ___________________ NOUSHAD ALI, J February 18, 2010 Bvv