KOVVURI VENKATA RAMAKRISHNA REDDY Vs. TADI SRINVIASA REDDY

JUDGEMENT

(1.) Questioning the orders, dtd. 13/7/2011, passed in I.A. No. 66 of 2006 in I.A. No. 102 of 2005 in O.S. No. 90 of 2005 on the file of the Court of II Additional Senior Civil Judge, Kakinada, filed under Order 38 Rule 8 of CPC, the appellant/1st respondent/plaintiff initially preferred CMA 1400 of 2011 before this Court. On the objection raised by the respondents as regards the maintainability of the appeal, the appellant filed a petition in C.M.A.M.P. No. 1737 of 2012 to convert the CMA into first appeal. Accordingly, by order, dtd. 11/9/2012, the said petition was allowed and the civil miscellaneous appeal was converted into a first appeal.

(2.) Whereas, the respondents/claimants/3rd parties preferred Cross objections No. 6715 of 2012 against the order, dtd. 11/9/2012, insofar as it relates to the findings on point No. 1.

(3.) Heard Sri T.V.S. Prabhakara Rao, learned counsel for the appellant and Sri K. Someswara Kumar, learned counsel for the respondents. Though Cross Objections No. 6715 of 2012 have been filed by the third parties, there is no appearance on their behalf.