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2021 Supreme(AP) 281

D.RAMESH
P. Alak Gajapthi Raju – Appellant
Versus
Ambedkar Housing Estates – Respondent


Advocates Appeared:
For the Petitioner: K. Aruna.
For the Respondent: T.N.M. Ranga Rao.

ORDER :

The Petitioner is the 2nd defendant in the suit. He filed the present revision aggrieved by the order dated 14.02.2020 passed in I.A.No.147 of 2019 in O.S.No.23 of 2009 on the file of the VI Additional District Judge, Visakhapatnam. The petitioner herein filed I.A. under Section 5 of Limitation Act for condonation of delay of 2460 days in filing petition to set aside the exparte decree dated 14.6.2012.

2. The plaintiff filed the suit against defendants 1 and 2 for specific performance of agreement of sale. As per the averments of the plaint, the suit schedule property belongs to the 2nd defendant and the 1st defendant has represented that he purchased the property from the 2nd defendant and offered to sell the same to the plaintiff and he has entered into an agreement of sale dated 11.8.2007 in respect of the A schedule property. As far as B schedule property is concerned he has entered into an oral agreement. After elaborate hearing, the suit was decreed on 14.6.2012. Subsequent to the decree, the plaintiff filed I.A.No.312/2011 in the said O.S. to execute and register the sale deed in pursuance to the agreement of sale dated 11.8.2007 and accordingly, the Court passed a dec

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