THE HON’BLE SRI JUSTICE K.C. BHANU C.C.C.A.No.19 of 2007 ORDER: This appeal is directed against the order, dated 15-12-2006, in E.A.No.22 of 2006 in E.P.No.9 of 2004 in O.S.No.170 of 1973, on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the petition filed under Order XXI Rules 97 and 101 of the Code of Civil Procedure, 1908, with a prayer “to direct that the appellants are entitled to obstruct their possession from house No.14-2-518, Gosha Mahal in execution of the order dt.18/6/06 in EP No.9/04 (E.P.No.1/09) directing delivery of possession of E.P. schedule property being 50% of house No.14-2-158, Goshamahal as there is no order on 8/6/06 directing removal of the appellants from their possession of the said house bound by the final decree dt.13/9/95 in O.S.170/73 and on the other hand the said final decree declared that the appellants are entitled to 50% of the house and E.P.No.9/2004 itself does not seek the removal of the appellants from possession of E.P. schedule house and order dt.8/6/06 only held that the decree under execution has become final and executable against the 5th defendant in the suit and her legal representative S. Sumatamma in the interest of justice”, was dismissed as not maintainable. 2. Learned counsel for the appellants stated that E.P.No.9 of 2004 was re-numbered as E.P.No.1 of 2009 and on 27-01-2011 the same was dismissed, as process has not been paid and, therefore, when the E.P. is not pending, no further orders are required to be passed in this appeal. 3. Recording the same, the C.C.C.A. is dismissed giving liberty to the appellants to file an application to restore this appeal, in case E.P.No.1 of 2009 is restored to the file of the III Additional Chief Judge, City Civil Court, Hyderabad. ________________ K.C. BHANU, J February 22, 2011 PN THE HON’BLE SRI JUSTICE K.C. BHANU C.C.C.A.No.19 of 2007 February 22, 2011