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2013 Supreme(AP) 497

NOOTY RAMAMOHANA RAO
Mandapalu Ramaiah – Appellant
Versus
Contdrathi Ramanarayana – Respondent


Advocates appeared:
For the Petitioners:T. Lakshminarayana, Advocate.
For the Respondents:T.S. Anand, Advocate.

Judgment :

CRP No. 794 of 2012 has been preferred by the plaintiff in the suit challenging the correctness of the orders passed in IA No. 1677 of 2010 by the learned Principal District Judge, Warangal. IA No. 1677 of 2010 has been filed under Section 5 of the Limitation Act seeking condonation of delay of 840 days in filing a petition under Order IX Rule 13 CPC (which is IA Sr No. 6274 of 2010). The respondents 2, 3 and 4 in this revision filed those two applications. The 1st respondent herein was the sole defendant in the suit OS No. 21 of 2004.

Suit OS No. 21 of 2004 was instituted on 2.9.2004 against the 1st respondent-defendant herein for specific performance of the agreement of sale dated 22.4.2003 concerning land of an extent of Act.2.36 gts. Since the defendant has failed to contest the suit, he was initially set ex parte on 19.1.2005. The defendant moved IA No. 110 of 2005 under Order IX Rule 7 CPC to set aside the said ex parte order and it was allowed subject to the defendant depositing a sum of Rs.6,50,000/-. Since the defendant had failed to deposit the said sum of money, the IA No. 110 of 2005 was dismissed. That order was carried in revision to this court by the defen

























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