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2016 Supreme(AP) 504

M.SATYANARAYANA MURTHY
Sami Ateeq Ahmed – Appellant
Versus
Mohammed Rafiq Khan – Respondent


Advocates Appeared:
For the Petitioner:Zeeshan Adnan Mahmood, Advocate.
For the Respondent:Venkatesh Despande, Advocate.

ORDER

M. Satyanarayana Murthy, J.

This civil revision petition is filed challenging the order passed by the XI Junior Civil Judge (FAC I Junior Civil Judge), City Civil Court at Secunderabad dated 22.02.2016 in I.A.No.92 of 2016 in O.S.No.231 of 2013 whereby, the petition filed under Order IX Rule 13 read with Section 151 C.P.C. was allowed setting aside the ex parte decree dated 14.12.2013 while permitting the petitioner to file his written statement to defend the suit.

2. The petitioner herein is the first respondent before the Trial Court and the other respondents herein are the respondents.2 to 4 before the Trial Court.

3. For the sake of convenience, the ranks given to the parties in I.A.No.92 of 2016 in O.S.No.232 of 2013 will be adopted throughout the judgment.

4. The petitioner before the Trial Court (first respondent herein) filed petition under Order IX Rule 13 read with Section 151 C.P.C. to set-aside the ex parte decree dated 04.12.2013 permitting the petitioner to file written statement to defend the suit. It is alleged that the first respondent filed suit for eviction, recovery of arrears of rents and mesne profits and the suit was posted to 06.11.2013 for filing written s
































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