APHC010454482009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3509] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 337/2009 Between: Guntur Kannabbai (died) And 3 Others and Others ...APPELLANT(S) AND Indian Equipment Leasing Limited And 3 Others and Others ...RESPONDENT(S) Counsel for the Appellant(S): 1. M S R SUBRAHMANYAM Counsel for the Respondent(S): 1. The Court made the following: ORDER: (per Hon’ble Sri Justice Challa Gunaranjan) Present appeal arises against the order dated 24.11.2008 in E.A.No.74 of 2008 in E.P.No.17 of 2002 in O.S.No.72 of 2005 passed by the Senior Civil Judge, Yellamanchili.. 2. The appellants filed E.A.No.74 of 2008 under Order XXI Rule 106 of the Code of Civil Procedure (in short ‘C.P.C’), to set aside the ex parte order passed against them in E.P.No.17 of 2 2002 in O.S.No.72 of 2005, on the ground that they were not properly served with the notices as required under Order XXI Rule 66 C.P.C. The said application was allowed on condition of the 3rd appellant/judgment debtor depositing Rs.5,00,000/- within one month from 24.11.2008 and in the event of any default, the E.A. stood dismissed. Aggrieved by the said order, the present appeal is preferred. 3. This Court, by interim order dated 01.04.2009, initially stayed the proceedings subject to condition of the appellants’ depositing half of the decretal amount within a period of six (06) weeks and that the respondents were permitted to withdraw the same without furnishing any security. Later, the said order came to be modified on 08.04.2009, by which the appellants were directed to deposit Rs.2,50,000/- within a period of six (06) weeks. 4. None appear for either the appellants or the respondents. 5. It is not known as to whether the interim order dated 08.04.2009 passed by this Court, directing the appellants to deposit Rs.2,50,000/- has been complied or not. Having regard to the fact that much time has lapsed, the appeal is disposed of with the following directions: 3 1. In case the appellants/judgment debtors have deposited Rs.2,50,000/- in terms of the order granted by this Court on 08.04.2009, the learned trial Court shall proceed with the hearing of execution proceedings in E.P.No.17 of 2002 in O.S.No.72 of 2005 and decide the same on merits, if the same is still pending on its file; and 2. In case the appellants/judgment debtors have defaulted in depositing the amount as per the interim order dated 08.04.2009, in terms of the impugned order dated 24.11.2008 passed by the learned trial Court, the E.A. stands dismissed and if the execution proceedings are still pending, the same shall be proceeded pursuant to the order already passed. 6. With the above directions and observations, the C.M.A. is disposed of. No order as to costs. 7. As a sequel thereto, interlocutory applications, if any pending, shall also stand closed. _____________________ RAVI NATH TILHARI, J _______________________ CHALLA GUNARANJAN, J 4 Date: 19.02.2025 Pab 5 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN C.M.A.NO: 337 /2009 Date:- 19.02.2025 Pab 6