The Hon'ble Court dismissed a civil revision petition challenging the dismissal of an application to condone delay for setting aside an ex parte decree, noting the petitioners were aware of the summons and the property had been transferred.
Civil Revision Petition No.5553 of 2010 is dismissed. No order as to costs.
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
CIVIL REVISION PETITION No.5553 of 2010
Date: 10.08.2017
Between:
K. Narsimhulu S/o.Late Sathaiah, Aged about 57 yrs, Occu : Agriculture, R/o.H.No.6-15-123, Pawan Nagar, Dubba, Nizamabad & another.
…..Petitioners And
K. Narsimhulu S/o.Shivaram, Aged about 67 yrs, Occu : Agriculture, R/o.Lakshmapur, Shamirpet Mandal, Ranga Reddy District.
…..Respondent
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
CIVIL REVISION PETITION No.5553 of 2010
ORDER:
Respondent/Plaintiff instituted suit in O.S.No.360 of 2002 for specific performance on the file of Junior Civil Judge, Medchal. Petitioners/defendants herein remained ex parte and the suit was decreed on 20.03.2003. Seeking execution of the decree, plaintiff filed E.P.No.29 of 2004. There on sale deeds were registered in favour of the plaintiff on 28.01.2006.
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contend that they came to know about institution of the suit only on 26.11.2007, when they came to the court premises to contact their counsel in O.S.No.501 of 2007.
Miscellaneous petitions, if any, pending in this civil revision petition shall stand closed.
__________________ P.NAVEEN RAO,J
10th August, 2017 Rds
2 issues framed by the court
Whether the delay in filing the petition to set aside the ex parte decree can be condoned.
Whether the lower court correctly dismissed the petitioners' application.
K. Narsimhulu S/o.Late Sathaiah
K. Narsimhulu S/o.Shivaram
P Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
