- (1.) CCCA No. 36/98 has been preferred against the judgment and decree dated 11-03-1997 passed by the learned III Additional Chief Judge, City Civil Court, Hyderabad, in O.S.No. 311 of 1980 by the unsuccessful defendants 2 and 5 while arraying the other defendants in the suit as respondents 2 to 7.
(2.) CCCA No. 58 of 1998 has been preferred by the remaining defendants 3, 4 and 6 to 8 against the same Judgment and Decree in O.S.No. 311 of 1980 while arraying the defendants 1, 2 and 5 as respondents 2 to 4. The plaintiff in the suit is the first respondent in both the Appeals.
(3.) Initially an ex parte decree was passed on 24-12-1981 when all the defendants remained ex parte in the suit. Later the said decree was set aside pursuant to the orders passed in I.A.Nos. 392 and 393 of 1983 qua the defendants 2 and 5 alone on 20-03-1989.; The petition filed by the 7th defendant in l.A.No. 436 of 1983 was dismissed. The petitions filed by the remaining defendants seeking to set aside the ex parte decree also resulted in dismissal. 8th defendant, however, carried the matter to the Apex Court eventually and he was permitted to submit written arguments in the suit without allowing to participate in the trial. The ex parte decree that had been passed earlier became final against all other defendants except defendants 2 and 5. The unsuccessful defendants 2 and 5 filed the former appeal and the other defendants filed the later appeal against that ex parte decree. The defendant No. 8 although was permitted to submit written arguments in the suit and in fact filed the written submissions did not join the defendants 2 and 5 in the former appeal. But preferred to join the other defendants in the later appeal.;