CMA/337/2009 of GUNTUR KANNABBAI (DIED) AND 3 OTHERS Vs INDIAN EQUIPMENT LEASING LIMITED AND 3 OTHERS

APHC010454482009 IN THE HIGH COURT OF ANDHRA PRADESH [3509] AT AMARAVATI (Special Original Jurisdiction) 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 ...APPELLANT(S) Others AND Indian Equipment Leasing Limited And 3 ...RESPONDENT(S) Others and Others 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/judgmen