Proceeding Sheet vs Sri D.V.Reddy
2022 Latest Caselaw 760 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: C.M.A.No.291 of 2019 and A.S.No.755 of 2017

                              PROCEEDING SHEET

Sl.                                                                                      OFFICE
                                                 ORDER

No DATE NOTE

11. 10.02.2022 CPK, J & Dr. KMR, J Heard Sri Dammalapati Srinivas, learned Senior Counsel assisted by Sri Kilaru Nithin Krishna, learned counsel for the appellant and Sri D.V.Reddy, learned counsel for the respondents in C.M.A.No.291 of 2019.

As seen from the record, O.S.No.210 of 2015 came to be filed by the respondents herein seeking various reliefs. Vide judgment dated 25.02.2016 the suit was partly decreed. Thereafter, the appellant in C.M.A.No.291 of 2019 filed an application under Order IX rule 13 C.P.C. seeking to set aside the ex parte decree, which was rejected mainly on the ground that the same is not maintainable without an application under Section 5 of the Limitation Act. It is also to be noted here that A.S.No.755 of 2017 is filed by the respondents in C.M.A. against the judgment and decree dated 25.02.2016. It is not in dispute that if the C.M.A. is allowed, the judgment and decree in O.S.No.210 of 2015 also may have to go.

In view of the peculiar facts and circumstances of the case, we feel that A.S.No.755 of 2017 should also be heard along with C.M.A. Having regard to the above, the Registry shall list both the appeals on 28.02.2022 under the same caption with an understanding that main cases would be heard.

Registry to print the name of Sri Kilaru Nithin Krishna, learned counsel for the 1st respondent in A.S.No.755 of 2017.

________________ CPK, J

________________ Dr. KMR, J Ivd