THE HON'BLE SRI JUSTICE P.S.NARAYANA S.A.No.197 of 2007 21st April, 2010 Between :- Smt. R.Nanditha Reddy And another .. Appellants And Janna Reddy Shyam Sunder Reddy .. Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA S.A.No.197 of 2007 JUDGMENT:- Heard the Counsel on record. 2. On 1-3-2007 this Court made the following order:- “In view of the substantial questions raised in the Memorandum of Grounds, as amended in S.A.M.P.No.557/2007, Admit.” 3. The substantial questions of law which had been raised in S.A.M.P.No.557/2007 are as hereunder:- 1) Whether the Courts below erred in law in not deciding the merits of the claim of the respondents? 2) Whether the impugned Judgments and Decrees of the Courts below are perverse in non-assigning the reasons on merits of the case? 3) Whether the Courts below decreed the suit of the respondent without there being material on record and thereby erred in law? 4) Whether the Courts below erred in law in not deciding the issues on merits? 4. The unsuccessful defendants in both the Courts below in O.S.No.195/2004 on the file of the Senior Civil Judge, Karimnagar and A.S.No.20/2005 on the file of the District Judge, Karimnagar are the appellants. The plaintiff is the respondent. The substantial questions of law on the strength of which the Second Appeal had been preferred as already referred to above. Before the Court of First Instance the suit was decreed ex parte as specified hereunder:- “Plaintiff filed chief affidavit. Ex.A.1 to Ex.A.5 marked. Plaintiff claim is proved. Suit is decreed as prayed for.” 5. Aggrieved by the same, the defendants preferred A.S.No.20/2005 on the file of the District Judge, Karimnagar and the Appellate Court formulated the following point for consideration at para 5:- “Whether the appellants were not given reasonable opportunity to file written statement and to contest the suit?” The learned Judge recorded reasons at paras 6 and 7 and came to the conclusion that though several opportunities had been given, the defendants had not chosen to file written statement and hence they set ex parte and even if the conduct to be taken into consideration, they are not entitled for any referred and accordingly the Decree and Judgment of the Court of first instance had been confirmed and the appeal was dismissed. Aggrieved by the same, the present Second Appeal had been preferred. 6. It is stated by the learned Counsel representing respondent – plaintiff that the Decree was put into execution and the delivery had been taken through such execution proceedings. In the light of the same, let the parties maintain status quo obtaining as on today until the matter is decided in accordance with law by the learned Senior Civil Judge, Karimnagar. 7. Inasmuch as, no written statement as such had been filed, this Court is inclined to give an opportunity to the defendants to file written statement and contest the matter. Accordingly, the Decrees and Judgments of the Court of first instance and also the Appellate Court are hereby set aside and the matter is remanded to the learned Senior Civil Judge, Karimnagar to give opportunity to the appellants to file written statements and contest the matter in accordance with law. It is needless to say that till appropriate decision is taken in this regard on trial by both the parties in O.S.No.195/2004 as already aforesaid, status quo as on today to be maintained. 8. Accordingly, the Second Appeal is allowed to the extent indicated above. No order as to costs. _____________________ Justice P.S.Narayana 21st April, 2010 smr