M/S Shriram Transport Finance Co. Ltd., v. Siva Sai Stone Crushers Pvt. Ltd.

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE MS. JUSTI CE J.UMA DEVI CI VI L MI SCELLANEOUS APPEAL No.104 of 2016 15.06.2017 Between:

M/s.Shriram Transport Finance Co. Ltd., Hyderabad ..Appellant and Siva Sai Stone Crushers Pvt. Ltd., and another ..Respondents Counsel for the appellant: Mr.C.Raghu Counsel for the respondents: -- The Court made the following:

CVNR,J & JUD,J C.M.A.No.104 of 2016 15.06.2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This civil miscellaneous appeal is filed against order, dated 30.11.2015, in I.A.No.1500 of 2015 in O.P.No.1068 of 2013 on the file of I Additional District Judge, Ranga Reddy District at L.B.Nagar. 2.

Mr.C.Raghu, learned counsel for the appellant, while submitting that the reasoning on which the Court below has allowed the aforementioned I.A. filed by respondent No.1 herein is patently wrong, he has, however, conceded that during the pendency of the appeal, the property in respect of which the Court below has raised attachment under the order under appeal was already sold and the document has already been released. He has further submitted that respondent No.1 has substituted the property for which attachment was raised. In the light of these facts, the cause in the appeal does not survive for adjudication. 3.

The Civil Miscellaneous Appeal is, accordingly, dismissed as infructuous.

4.

As a sequel to dismissal of the appeal, C.M.A.M.P.No.242 of 2016 filed by the appellant for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J __________________ J.UMA DEVI , J 15th June, 2017 GHN