IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16328 of 2003 Between: P. Janardhana Rao … Petitioner AND The District Registrar of Co-op., Societies/ District Co-op., Officer, Hyderabad (Urban), Hyderabad District and another. … Respondents Counsel for the petitioner : Sri R.N. Hemendranath Reddy Counsel for respondent No.1: AGP for Cooperation This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16328 of 2003 ORDER:- This writ petition is ﬁled for a Writ of Mandamus to set aside order dated 24.10.2001 passed in O.P.No.834 of 2001 on the ﬁle of the Andhra Pradesh Cooperative Tribunal, Hyderabad (for short, ‘the Tribunal’). Heard Sri R.N. Hemendranath Reddy, learned counsel for the petitioner and perused the record. Respondent No.2, from whom the petitioner borrowed certain monies, ﬁled O.P.No.834 of 2001 for passing a preliminary decree to recover Rs.6,41,378/- along with interest @ 22% per annum. The said O.P. was decreed after setting the petitioner and other respondents ex-parte. Questioning the said order, the petitioner filed the present writ petition. In the aﬃdavit ﬁled in support of the writ petition, the petitioner stated that he was not keeping good health and that his wife seriously fell ill and died on 20.04.2003 on account of which he could not pursue the proceedings pending before the Tribunal. No counter aﬃdavit is ﬁled. By order dated 06.08.2003 this Court granted interim suspension of the order of the Tribunal subject to the petitioner depositing half of the decretal amount within three months. Learned counsel for the petitioner submitted several contentions on merits. Since the order passed by the Tribunal is ex-parte in nature, I feel it appropriate that the O.P. is decided by the Tribunal on merits. If the petitioner already deposited 50% of the amount as directed by this Court, he need not deposit any further amount pending the O.P. If he has not deposited the said amount or any part thereof, he should deposit the amount to the extent of 50% of the decretal amount within a period of eight weeks from today. On such deposit, the Tribunal shall hear the O.P. on merits and dispose of the same. Subject to the above directions, order dated 24.10.2001 of the Tribunal is set aside. The writ petition is accordingly disposed of. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.20247 of 2003 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 06.11.2008 ES