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1998 Supreme(AP) 855

B.S.A.SWAMY
IROTHU MOHAN RAO – Appellant
Versus
AKOJU VANAJAKSHI – Respondent


B. S. A. SWAMY, J.

( 1 ) IN this Civil Revision Petition, Notice before Admission was ordered on 12-10-1998 and the respondent was served on 6-11-1998. But, she did not choose to appear in this Court either in person or through a Counsel. Hence, this civil Revision Petition is being disposed of on merits.

( 2 ) AGGRIEVED by the order of the learned Junior Civil Judge passed in LA. No. 330 of 1998 in O. S. No. 46 of 1997 dated 24-7-1998, whereunder the application filed by the defendant under Section 148 CPC seeking enlargement of time granted for filing the written statement and payment of costs was dismissed, the defendant filed the present Civil Revision Petition.

( 3 ) I have gone through the order passed by the learned Junior Civil Judge, and I have no hesitation to observe that the Junior Civil Judge failed to appreciate the facts of the case, and by placing reliance on a judgment in p. V. Chalapathi vs. T. Subba Reddy and another, dismissed the Interlocutory application.

( 4 ) FROM the order, it is seen that in a suit for injunction filed by therespondent herein, the Court seemed to have adjourned the matter on 11-6-1998 to 29-6-1998 for filing written statement with costs of



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