1 (RNT,J & MRK,J C.M.A. NO.298 OF 2025) APHC010220072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 298/2025 Between: 1. KURELLA RAMALINGESWARARAO, S/O.VENKATA RAJU, AGED ABOUT 76 YEARS, OCC. CULTIVATION, R/O.MATSYAPURI VILLAGE, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. ...APPELLANT AND 1. VEGESNA ESWARA RAJU, S/o.Late Markandeya Raju, Aged about 62 years, Hindu, Occ. Cultivation/Business, R/o.A.S.Rajunagar, Bhimavaram-2, Bhimavaram Town and Mandal, West Godavari District. ...RESPONDENT Appeal Under Section_____against ordersaggrieved by the condition imposed in the Docket Order dated 18-03- 2025 passed in I.A.No.400 of 2024 in O.S.No.37 of 2023 on the file of the court of Learned III Additional District Judge, Bhimavaram, West Godavari District, IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the docket order dated 18.03.2025 in so far as condition imposed to deposit 20% of the decretal 2 (RNT,J & MRK,J C.M.A. NO.298 OF 2025) amount in I.A.No.400 of 2024 in O.S.No.37 of 2023 on the file of the Court of Learned III Additional District Judge, Bhimavaram, West Godavari District, pending disposal of the main C.M.A. and pass Counsel for the Appellant: 1. KONEY SATYANANDA RAO Counsel for the Respondent: 1. T V SRI DEVI The Court made the following: 3 (RNT,J & MRK,J C.M.A. NO.298 OF 2025) JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) Heard Sri Naga Praveen, learned counsel representing Sri Koney Satyananda Rao, learned counsel for the appellant and C.Upendra, learned counsel representing Smt.T.V.Sridevi, learned counsel for the respondent. 2. The appellant is the defendant in O.S.No.37 of 2023 on the file of the Court of the III Additional District Judge, Bhimavaram, West Godavari District. The suit was filed by the respondent/plaintiff for passing a preliminary decree and the same was decreed ex parte on 07.05.2023 due to the non-filing of written statement by the defendant. 3. The appellant thereafter filed I.A.No.400 of 2024 in O.S.No.37 of 2023 under Order 9 Rule 13 of the Code of Civil Procedure, 1908, seeking to set aside the ex parte decree dated 07.05.2023. The trial Court, by order dated 18.03.2025 allowed the said application subject to the condition of depositing 20% of the decree amount towards costs within the stipulated time. 4. Aggrieved by the order dated 18.03.2025, the present Civil Miscellaneous Appeal has been filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908 (in short ‘CPC’). 4 (RNT,J & MRK,J C.M.A. NO.298 OF 2025) 5. We are of the view that the Civil Miscellaneous Appeal is not maintainable, inasmuch as the application under Order 9 Rule 13 CPC has been allowed, though with a conditional order. Once the application for setting aside the ex parte decree is allowed, no appeal would lie under Order 43 Rule 1 CPC against such an order, as an appeal lies only when the application under Order 9 Rule 13 CPC is rejected. 6. At this stage, learned counsel for the appellant prays that the appellant may be granted liberty to approach the appropriate forum by taking recourse to an appropriate remedy available in law. 7. In view of the above, the Civil Miscellaneous Appeal is dismissed as not maintainable. However, liberty is granted to the appellant/defendant to avail such other appropriate remedy as may be open in accordance with law, if so advised. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date : 06.11.2025. RPD. 5 (RNT,J & MRK,J C.M.A. NO.298 OF 2025) 184 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM (DISMISSED) CIVIL MISCELLANEOUS APPEAL NO: 298 OF 2025 Date: 06.11.2025 RPD.