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2009 Supreme(AP) 286

G.BHAVANI PRASAD
K. Srinivas – Appellant
Versus
K. Govind – Respondent


Advocates appeared:
Ch. Srinivas, Counsel for the Petitioner; Nazir Ahmed Khan, Counsel for the Respondent No.1; Akkam Eshwar, Counsel for the Respondent Nos.3, 4 and 5..

ORDER :- The civil revision petition is directed against the order of the I Additional Chief Judge, City Civil Court, Secunderabad, dated 19.1.2009 in I.A. No.1978 of 2008 in ASSR No.4889 of 2008.

2. The revision petitioner filed I.A. No.1978 of 2008 in the unregistered appeal for condonation of delay of 467 days in filing the appeal against the ex parte preliminary decree in OS No.369 of 2005 on the file of III Senior Civil Judge, City Civil Court, Secunderabad, dated 21.12.2006. The petitioner claimed that his father died on 26.2.2006 leaving his sons as his legal representatives including the plaintiff and the other defendants in the suit and the other brothers colluded to keep the revision petitioner in dark creating an impression that after the death of the father, the suit was withdrawn. The revision petitioner was suffering from heart problem and high blood pressure and was totally under bed rest. In the meanwhile, he was set ex parte in the suit and an ex parte preliminary decree was passed on 21.12.2006. It is only on receiving the notice of final decree proceedings that he came to know about the ex parte preliminary decree and then, he filed I.A. No.115 of 2007 (2008?) to










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