CHUNDURU SIVA SATYANARAYANA Vs. OFFICIAL RECEIVER GUNTUR

JUDGEMENT

(1.) This is a long drawn litigation arising out of an insolvency proceeding wherein neither the schedule creditors nor the legal representatives of the original owner - the deceased insolvent, are benefited. As can be seen from the facts of the case in view of the inordinate delay in the finalisation of the proceedings, the very object of the Insolvency Law is well frustrated and defeated.

(2.) The plaintiffs in O.S.No. 155/83 on the file of Principal Subordinate Judge, Tenali had preferred A.S.No.1476/89 against the Official Receiver, Guntur appointed in I.P.No.7/63 on the file of Insolvency Court, Tenali aggrieved by the judgment and decree granting the relief of partition relating to Northern shop room only and dismissing the suit relating to Southern shop room. Tr. A.S.No.330/2000 was filed by the Offical Receiver, Guntur representing the general body of creditors in I.P.No.7/63 as against the appellants in the other appeal arrayed as respondents as against an order made in I.A.No. 1041/98 in I.P.No.7/63 on the file of Additional Senior Civil Judge, Tenali. The said appeal was filed by the Official Receiver, Guntur on the file of District Judge, Guntur which was numbered as A.S.No. 106/ 99 and the same was numbered as Tr.A.S.No.330/2000 on the file of this Court by virtue of transfer.

(3.) One Edavalapati Sri Ramulu filed two C.M.Ps. in Tr.A.S.No.330/2000 i.e., C.M.P.No.24237/2001 and C.M.P.No.24238/ 2001 to implead himself as a party and also to transpose him as an appellant.