Allowed

Veerla Revathi v. Geekuru Kanakarajam , Kanakaraju

Telangana HC15 Mar 2013CRP/34/2013

Case brief

AI extract

What is this about?

The Supreme Court allowed a Civil Revision Petition filed by defendants seeking to condone a 42-day delay in setting aside an ex parte decree. The court observed laches on the part of the petitioners but allowed the petition on merits. The relief is subject to depositing Rs. 1,00,000 within 60 days and paying costs of Rs. 5,000, without adjusting prior EP deposits.

What did the court decide?

Civil Revision Petition allowed subject to depositing Rs. 1,00,000 within 60 days and paying costs of Rs. 5,000. No adjustment of prior EP deposit.

Veerla Revathi Vs Geekuru Kanakarajam , Kanakaraju — Execution and Attachment | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR

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CIVIL REVISION PETITION No.34 of 2013

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Dated:- 15th March, 2013

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Between:-

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Veerla Revathi and others

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…Petitioners

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AND

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Geekuru Kanakarajam @ Kanakaraju

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…Respondent

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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.34 of 2013

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ORDER:-

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This Civil Revision Petition is directed against the order dated 11.12.2012 passed in I.A.No.378 of 2012 in O.S.No.16 of 2011 by the Senior Civil Judge, Manthani, Karimnagar District.

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The petitioners herein are the defendants. It is clear from the record that in spite of receiving summons in the suit, petitioners 1 and 2 have not made their appearance and thus, were set ex parte. Subsequently, they filed an application to set aside the said ex parte order and it was allowed with costs. In spite of the same, they were again set ex parte on 31.07.2012 and no written statement was filed. It appears that after filing of the E.P. and after receiving notices in the said E.P., they filed an application to set aside the ex parte decree dated 31.07.2012 along with an application to condone delay of 42 days in filing the petition to set aside the said ex parte decree. The said application to condone the delay was dismissed by the Court below and aggrieved by the same, they filed this C.R.P.

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The main case of the petitioners is that the third petitioner was seriously ill and petitioners 1 and 2 (defendants

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1 and 2) were looking after her and, therefore, they were not in a position to contact their advocate and in the above circumstances, the delay occurred.

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It is clear that there are laches on the part of the petitioners. They were set ex parte for two times. However, having regard to the contentions of the petitioners and keeping in view the fact that it is always better to dispose of the cases on merits rather than on technicalities, this C.R.P. is allowed subject to the following conditions:-

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The petitioners shall deposit Rs.1,00,000/- (Rupees one lakh only) in the Court below within a period of sixty (60) days from today and also pay costs of Rs.5,000/- (Rupees five thousand only), i.e., Rs.2,500/- to the other side and Rs.2,500/to the Mandal Legal Services Authority, Manthani. Though it is requested that the amount already deposited by the petitioners to the credit of E.P. may be adjusted towards the amount to be deposited by the petitioners, but this Court is not inclined to accept the said request.

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Subject to the above conditions, the C.R.P. is allowed. There shall be no order as to costs.

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________________________ Justice B.Chandra Kumar

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March 15, 2013 Bvv

Veerla Revathi v. Geekuru Kanakarajam , Kanakaraju

Case brief

What is this about?

What did the court decide?

Veerla Revathi v. Geekuru Kanakarajam , Kanakaraju

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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