THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Miscellaneous Appeal No.2257 of 2000 JUDGMENT: The appellant filed I.P.No.2 of 1995 in the Court of the Senior Civil Judge, Nagarkurnool to declare him as insolvent. He pleaded that he incurred debts of different magnitude from respondents 2 to 16 to the tune of Rs.3,92,000/-and that the first respondent has filed O.S.No.25 of 1993 for recovery of Rs.58,000/-. The suit is said to have been decreed on 24-01-1995. The appellant pleaded that the properties held by him are not adequate to meet his liabilities and accordingly pleaded for a decree declaring him as insolvent. The trial Court dismissed the I.P. through order, dated 28-01-2000. Hence, this Appeal under Section 75 of Provincial Insolvency Act. Heard Sri A.Narasimha Reddy, learned counsel appearing for the appellant. Petition filed by the appellant herein under Section 10 of the Act was opposed by respondents 1 to 3 and respondents 4 to 16 remained ex parte. The trial Court framed only one issue viz., “Whether the petitioner is entitled to be declared as insolvent under Section 10 of Provincial Insolvency Act”. On behalf of the appellant, P.Ws.1 to 3 were examined and Exs.A1 and A2 i.e., Judgment and Decree in O.S.No.25 of 1993 were filed. The first respondent deposed as R.W.1 and no documentary evidence was adduced. The trial Court recorded a finding to the effect that the petitioner holds other items of property, which are not mentioned in the schedule. Even assuming that a second opinion is possible on merits, the fact remains that the application for interim order filed by the petitioner was dismissed way back on 18-08-2000. The only person who was pressing his claim against the appellant was the first respondent who had a decree in his favour. Inasmuch as there was no impediment, either the decree may have been executed or it has become time barred by this time. Either way nothing remains to be adjudicated. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. 08th October, 2009. skmr THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Miscellaneous Appeal No.2257 of 2000 Date : 08-10-2009 Between : Erventi Chandra Mouli .. Appellant And Alwal Subrahmanyam and others .. Respondents