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1991 Supreme(AP) 155

J.ESWARA PRASAD, M.JAGANNADHA RAO
Rajeswara Industries, a Partnersip Firm, D4 Unit, Industrial EState, Karimnagar – Appellant
Versus
State Bank of Hyderabad, Karimnagar Branch – Respondent


JAGANNADHA RAO, J.

( 1 ) THE C. M. A. and C. R. P. are connected. The C. M. A. is filed against the order dated 10-8-1989 passed in I. A. No. 40/89 in O. S. No. 5/87 on the file of the Subordinate Judge, Karimnagar, dismissing the stay application filed by the appellant on the ground that the conditions imposed by the court on 12-6-1989 have not been complied with C. R. P. No. 2265/89 is filed by the appellant in the C. M. A. against the earlier order dated 12-6-1989 in I. A. No. 40/89 imposing conditions for entertaining the application filed by the petitioner under Order IX Rule 13 of the Code of Civil procedure,

( 2 ) WHAT happened here was that the respondent-Bank filed a suit o. S. No. 5/87 on the file of Subordinate Judge s Court, Karimnagar for recovery of money. An ex-parte decree was passed on 12-4-1989. The defendants then filed LA. No. 40/89 under Or. IX Rule. 13 C. P. C. for setting aside the same. They mentioned various grounds to establish sufficient cause on their part for setting aside the ex parte decree. Even before the learned Subordinate Judge took up the LA. for consideration, he passed the interim order dated 12-6-1989 directing the defendants to deposit the co





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