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High Court for State of TelanganaCCCA/208/2016allowed remand no costs

Sri Ambica Sudershan , Ptnvar Sudershan, v. M/ S Gowra Leasing And Finance Limited.,

2017-02-02C.V.Nagarjuna Reddy,T. Rajani2 pages

THE HON'BLE SRI JUSTI CE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT JUSTI CE T. RAJANI CI TY CI VI L COURT APPEAL No.2 0 8 of 2 0 1 6 DATED: 0 2 .0 2 .2 0 1 7 Between Sri Ambica Sudershan.

...APPELLANT And M/ s Gowra Leasing & Finance Limited, Rep. by its Recovery Officer, Having its Registered Office/ Corp Office at 501, 5th Floor, Gowra Grand, Behind Gowra Plaza, 1-8-384 & 385, S.P. Road, Begumpet, Secunderabad - 3 and others.

...RESPONDENTS COUNSEL FOR THE APPELLANT: MR. PARSA ANANTH NAGESW ARA RAO COUNSEL FOR THE RESPONDENTS: MR. K.K. W AGHRAY THE COURT MADE THE FOLLOW I NG:

CVNR, J & TR, J CCCA.No.208 of 2016 JUDGMENT: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) At the interlocutory stage, the appeal is taken up for hearing and disposal with the consent of the learned counsel for respondent No.1/ plaintiff.

2.

At the hearing, there is no representation for Mr. Parsa Ananth Nagaeswara Rao. However, we have heard Mr. K.K. Waghray, learned counsel for respondent No.1.

3.

Defendant No.3 in O.S.No.194 of 2012 filed this appeal feeling aggrieved by the ex parte decree dated 05.08.2015. 4.

Mr. K.K. Waghray, learned counsel for respondent No.1/ decree holder fairly submitted that his client has no objection if the ex parte decree is set aside and the case is remanded to the lower Court for fresh disposal in a time bound manner.

5.

In view of the above fair concession, the judgment and decree are set aside. The suit is remanded to the lower Court with the direction that the same is disposed of as expeditiously as possible and not later than four (4) months from the date of receipt of copy of the order.

The appeal is accordingly allowed.

As a sequel to the disposal of the appeal, CCCAMP.Nos.584 and 616 of 2016 and CCCAMP.No.3 of 2017 shall stand disposed of as infructuous.

_____________________ C.V. NAGARJUNA REDDY, J __________ T. RAJANI, J February 2, 2017/ DSK