IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA CIVIL MISCELLANEOUS APPEAL NO : 114 of 2009 Between: Shaik Ahmed Mohammad S/o Mohd. Basheer ..... Appellant/Petitioner/ Defendant AND M/S Damodardas Haridas and Sons Rep.by Partner Ramniklal Bhagat Damodardas,S/o Damodar Das R/o 3-4-273, Subash Road, Secunderabad. .....RESPONDENT (Appeal under Order 43 Rule 1(D) of C.P.C against the order of the Court of the III Senior Civil Judge, City Civil Court, Secunderabad dated 6.1.2009 made in IA.No.2106 of 2008 in OS.No.190 of 2007 . This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the orders of the Lower Court and the material papers in the case and upon hearing the arguments of Sri T. Ramulu , Advocate for the Appellant and of Sri S. Niranjan Reddy , Advocate for the Respondent . This Court while partly allowing the Civil Miscellaneous Appeal and in notification of the decree of the Lower Court doth order and decree as follows: 1. that the condition imposed relating to the deposit of the 1/4th of the decreetal amount on 6.2.2009 be and hereby is setaside. 2. that the respondent/plaintiff herein be and hereby is permitted to withdraw the costs which had been already deposited without furnishing any security 3. that the III Senior Civil Judge, City Civil Court, Secunderabad is directed to dispose of the suit itself within a period of (4) months from the date of receipt of a copy of this order. 4. that the parties at liberty to participate in the further proceedings in the suit. 5. that there be no order as to costs in this appeal Sd/- M. UMARANI, ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Senior Civil Judge, City Civil Court, Secuderabad, 2. 2 CD copies. RV HI9GH COURT Dated 29.4.2009 DECREE CMA.NO.114 OF 2009 Allowing the CMA without costs