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2013 Supreme(AP) 468

A.RAJASHEKER REDDY
Velpuri Krishna Rao – Appellant
Versus
Randhi Suryanarayana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. M. Bhaskara Lakshmi, Advocate.
For the Respondents:Gudapati Venkateswara Rao, Advocate.

JUDGMENT


The revision petitioner filed O.S.No.93 of 2000 on the file of the Addl. Junior Civil Judge, Vizianagaram, against the respondents for permanent injunction restraining them from ever interfering with his peaceful possession and enjoyment of the schedule property. The suit was decreed on 19.04.2011. Against which, the respondents preferred A.S.No.17 of 2006 on the file of the Special Judge for Trial of Cases under S.Cs & S.Ts (POA) Act-cum-Addl. District Judge, Vizianagaram. The learned Special Judge allowed the appeal by judgment and decree dated 19.04.2011 by setting aside the judgment and decree of the trial Court. Feeling aggrieved thereby, the revision petitioner filed I.A.No.770 of 2011, under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short ‘the Act’), contending that he and his advocate had no notice of transfer of the appeal and without hearing him, the learned Special Judge rendered the judgment in the appeal. The said application was dismissed by the learned Special Judge by order dated 22.06.2011 on the ground that the counsel for the revision petitioner had knowledge about the transfer of the appeal and on several dates of adjournments, they rep













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