IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 3439 of 2002 (Appeal under order 43 Rule 1 (d) of CPC. against the order/decree in I.A. No. 595 of 2000 in O.S. No. 34 of 1990 Dt: 28-9-02 on the file of the court of the Senior Civil Judge, Peddapalli) Between: Mr. N.J. Yesaswy, S/o. N. Venkateswara Rao, R/o. Nagarjuna Hills, Hyderabad. ..... Appellant/ Pet/ D3 AND 1. INDIAN OVERSEAS BANK, having its Central Office at Annasalai, Chennai, branch Office at Govadavari Khani, rep. by its Manager and Power of Attorney, Mr S. Krishna Prasad, S/o. Vittal Rao, R/o. Godavari Khani, Karimnagar. .. Respondent/ Resp/ Pltf. 2 M/s. GODAVARY OXYGEN LIMIITED, having its Regd.Office at 10-1-26A, Assol Metta, Vemana Nagar, Visakhapatnam and Admn. Off, at Nagarjuna Hills, Hyderabad. 2. M/s. TELETEK INDIA LIMITED, having its Regd. office at 1-A, Church Street, Bangalore - 560 001, and branch office at Nagarjuna Hills, Hyderabad. 4 Mr. R.S.N. Raju, S/o. not known, Major, Director, Teletek India Limited, 1-A, Church Street, Bangalore. 5 Mr. N.V. Sivaram, S/o. Not Known, Director, Teletek India Limited, 1-A, Church Street, Bangalore - 560 001. ( R2 to R5 are not necessary parties to this petition ) .....Respondents/ Resp/ Defs. Counsel for the Appellant:MR.B.VISWANATHA REDDY, ADVOCATE Counsel for the Respondent No.1: K. ASHOK RAMA RAO ADVOCATE SD/- U. S. SARMA ASST. REGISTRAR //TRUE COPY// SECTION OFFICER TO:- 1. The Senior Civil Judge, Peddapalli, Karimnagar district. 2. 1 c.c. to Sri B. Viswanatha Reddy Advocate High court of A.P. Hyderabad (OPUC) 3. 2 C.D. COPIES. 4. 1 C.C. TO K. ASHOK RAMA RAO ADVOCATE (OPUC) HIGH COURT Dt: 23-04-2009 JUDGMENT CMA. NO.. 3439 of 2002 Dismissing the Civil Miscellaneous Appeal Without costs. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL NO : 3439 of 2002 Between: Mr. N.J. Yesaswy, S/o. N. Venkateswara Rao, R/o. Nagarjuna Hills, Hyderabad. ..... Appellant/ Pet/ D3 AND 1. INDIAN OVERSEAS BANK, having its Central Office at Annasalai, Chennai, branch Office at Govadavari Khani, rep. by its Manager and Power of Attorney, Mr S. Krishna Prasad, S/o. Vittal Rao, R/o. Godavari Khani, Karimnagar. .. Respondent/ Resp/ Pltf. 2 M/s. GODAVARY OXYGEN LIMIITED, having its Regd.Office at 10-1-26A, Assol Metta, Vemana Nagar, Visakhapatnam and Admn. Off, at Nagarjuna Hills, Hyderabad. 3. M/s. TELETEK INDIA LIMITED, having its Regd. office at 1-A, Church Street, Bangalore - 560 001, and branch office at Nagarjuna Hills, Hyderabad. 4 Mr. R.S.N. Raju, S/o. not known, Major, Director, Teletek India Limited, 1-A, Church Street, Bangalore. 5 Mr. N.V. Sivaram, S/o. Not Known, Director, Teletek India Limited, 1-A, Church Street, Bangalore - 560 001. ( R2 to R5 are not necessary parties to this petition ) .....Respondents/ Resp/ Defs. Appeal Under order 43 Rule 1 (d) of C.P.C. against the order of the Court of the Senior Civil Judge, Peddapalli dated 28-9-2002 made in I.A. No. 595 of 2000 i n O.S. No. 3 4 of 1990. The Appeal coming on for hearing, and upon perusing the memorandum of Appeal, the orders o f the Lower Court and the material papers i n the case, and upon hearing the arguments of Mr. B. Viswanatha Reddy, Advocate for the Appellant and of Mr. K. Ashok Rama Rao, Advocate for the Respondent No. 1, This court doth order and decree that the decree of the Lower Court be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed and this Court doth further order and decree that there be no order as to costs in this Civil Miscellaneous Appeal. SD/- U. S. SARMA ASST. REGISTRAR //TRUE COPY// SECTION OFFICER TO:- 1. The Senior Civil Judge, Peddapalli, Karimnagar district. 2. 2 C.D. COPIES. HIGH COURT Dt: 23-04-2009 DECREE CMA. NO.. 3439 of 2002 Dismissing the Civil Miscellaneous Appeal Without costs.