Telangana High Court
Y. Lingaiah vs Dhulla Venkatesh on 21 June, 2024
THE HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
MACMA.NO.533 OF 2021
JUDGMENT:
Mr.K.Revanth, learned counsel appeared on behalf of the appellant. When the appeal is taken up for hearing, though the request is made on behalf of the appellant seeking adjournment on the ground of personal inconvenience, the learned counsel representing 2nd respondent i.e., Mr.Harinath Reddy Soma informed the Court that his appeal has been filed on the basis of ex parte decree with regard to which the respondent No.2 had no knowledge. The 2nd respondent having come to know about the ex parte decree only after the claimant filed an execution petition, moved two separate interlocutory applications under Section 5 of Limitation Act and the other under Order 9 Rule 13 C.P.C. for condoning the delay in filing set aside petition. However, since the entire record is with the High Court, in the present appeal those interlocutory applications could not have been decided and sought for remanding matter to the trial Court for expedite 2 SSRN, J MACMA.No.533 of 2021 disposal of two interlocutory applications on the time bound schedule. There is no dispute about the above referred interlocutory applications filed by the Insurance Company seeking to set aside the ex parte decree along with delay condone petition.
2. The learned counsel for the respondent No.2 has also informed that he has already filed information with regard to interlocutory applications referred above.
3. Considering the above circumstances, it is felt that there is necessity to remand the matter to the trial Court with a direction to first decide the interlocutory applications on merits after hearing both parties.
4. In the result, the appeal is disposed of. The trial Court shall on receipt of this order and bundle of the entire record provide opportunity to both parties and decide interlocutory applications under Section 5 of Limitation Act and Order 9 Rule 13 C.P.C. within two months from the date of receipt of this order considering the request of the Insurance Company about the attachment of the order and 3 SSRN, J MACMA.No.533 of 2021 petition filed by the insurance company for stay of the execution.
Consequently, Miscellaneous applications if any, are closed. No costs.
________________________ SAMBASIVARAO NAIDU, J 21st June, 2024.
PLV