Y. Lingaiah vs Dhulla Venkatesh
2024 Latest Caselaw 2349 Tel

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

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

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