Single bench allowed an appeal filed by a defendant. The appeal was decided on the ground that the judgment in the underlying suit was set aside and remanded in a prior order.
Appeal allowed; appellant at liberty to file a fresh application; no order as to costs.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.C.C.A.132 OF 2006
JUDGMENT:
This appeal is filed against the order dated 27-04-2006 in I.A.No.1050 of 2004 in O.S.No.268 of 1999 on the file of the court of XIV Additional Chief Judge, City Civil Court, Hyderabad by the defendant No.1 in the suit. Since the judgment in O.S.No.268 of 1999 is set aside and the matter is remanded to the court below by the order of this court dated 15-02-2011 in CCCA No.369 of 2003, this appeal is also liable to be allowed.
Accordingly, the appeal is allowed and the appellant is at liberty to file a fresh application. No order as to costs.
_______________________ N.R.L.NAGESWARA RAO,J
15-02-2011 TSNR
1 issue framed by the court
Whether the present appeal should be allowed given that the judgment in the matter of record is set aside and remanded.
Defendant No.1
Plaintiff No.1
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
