HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY A.S.No.1027 of 2013 Date:20.06.2014 Between:
Chekuri Sudhakara Raju, S/o Poornachandra Raju . Appellant And:
Palivela Naga Venkata Rajya Lakshmi Kumari, W/o Lalte Palivela Mohan and two others.
. Respondents Counsel for the Appellant: Sri Sivalenka Ramachandra Prasad Counsel for Respondent No.1: Sri V.K.Naidu The Court made the following:
JUDGMENT:
At the interlocutory stage, the appeal is heard and being disposed of with the consent of the learned counsel for both parties.
This appeal is filed against an ex parte decree, dated 05.09.2011, in O.S.No.1347 of 2007 on the file of the learned VI Additional Senior Civil Judge, Visakhapatnam.
The main ground on which the ex parte decree is questioned by the appellant is that he was not served with the suit summons.
Sri Sivalenka Ramachandra Prasad, the learned counsel for the appellant, submitted that as his client was not served with summons, the ex parte decree may be set aside and the suit may be remanded to the lower Court for fresh disposal after service of summons on his client.
Sri V.K.Naidu, the learned counsel for respondent No.1/plaintiff, fairly agreed for this suggestion.
In the light of the above submissions of the learned counsel for both parties, the judgment and decree, dated 05.09.2011, in O.S.No.1347 of 2007 are set aside. The lower Court is directed to ensure that summons are served on the appellant and dispose of the suit within a period of six months from the date of receipt of a copy of this order.
allowed.
Subject to the above directions, the appeal is As a sequel to disposal of the appeal, ASMP.No.3176 of 2013 is disposed of as infructuous.
20th June, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY