THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.16 OF 2019

JUDGMENT:

This is an appeal filed by the appellant, being aggrieved by the order, dated 05.06.2018 passed in E.A.No.47 of 2008 in E.P.No.75 of 2007 under Order XXI Rule 58 read with Section 151 of the Code of Civil Procedure (for short “the CPC”) by the learned II Additional Chief Judge, City Civil Court at Hyderabad (for short “the trial Court”).

2. The appellant herein is the Decree Holder/plaintiff and respondent No.1 herein is the claim petitioner/third party before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the claim petitioner/State represented through the competent authority/Additional Director General of Police, CID before the trial Court is that on 18.12.2002 on a complaint lodged by one Mohammed Raja against one Syed Taruj Ahmed, a case in Crime No.31 of 2002 was registered under Sections 120(B), 420, 409 of IPC and under Section 5 of the AP Protection of Depositors of Financial Establishments Act, 1999 (for short ‘APPDFE Act’). The CID police has investigated and filed char