This C.M.A Is Filed By The vs 2019 Passed By The Learned ...
2021 Latest Caselaw 600 AP

     THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
                         AND
          THE HON'BLE Ms.JUSTICE J. UMADEVI

                        C.M.A.No.230 of 2020

JUDGMENT: (per UDPR,J)

      This C.M.A is filed by the appellant/defendant, aggrieved by

the order, dated 02.12.2019 in I.A.No.1083 of 2019 in O.S.No.68 of

2019 passed by the learned VI-Additional District Judge, Kakinada,

where under the learned Judge directed the appellant/defendant to

furnish security of Rs.2 crores within 48 hours and in the meanwhile

issued an ad-interim conditional attachment of the petition schedule

property in a petition filed by the respondent/plaintiff under Order

XXXVIII Rule 5 of CPC.

2. When the matter came up for hearing today, both the learned

counsel admitted that the I.A.No.1083 of 2019 is coming up for

enquiry before the Trial Court and they will argue the matter.

Learned counsel for appellant/defendant submitted that he may be

permitted to file an additional counter for better appreciation of the

facts in O.S.No.68 of 2019. Both the learned counsel requested to

direct the Trial Court to complete the enquiry and pass the order on

merits expeditiously.

3. In view of the above submission, this C.M.A is disposed of

giving liberty to the appellant/defendant to approach the concerned

Trial Court and file his additional counter in I.A.No.1083 of 2019,

where upon the Trial Court shall conduct enquiry and pass an

UDPR, J & JUD, J CMA.No230 of 2020

appropriate order on merits in the said I.A expeditiously but not later

than three (3) weeks from the date of filing of the additional counter

by the appellant/defendant. No costs.

As a sequel, Interlocutory Applications, if any pending, shall

stand closed.

__________________________ U. DURGA PRASAD RAO, J

______________ J. UMADEVI, J

Dt: 03.02.2021.

Note: Issue CC by 05.02.2021 B/o.MS