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2022 Supreme(AP) 420

SUBBA REDDY SATTI
Pilli Apparao, S/o. Appala Naidu – Appellant
Versus
Thammina Ramarao, S/o. late Ramakrishnaiah – Respondent


Advocates Appeared:
For the Petitioners: Sri G.V.S. Kishore Kumar.
For the Respondents: Ms.Lakshmi Prameela, Smt. B. Neeraja Sudhakar Reddy.

ORDER :

1. Defendants in the suit filed the above revision against the order dated 25.02.2022 in I.A.No.572 of 2019 in O.S.No.390 of 2014 on the file of VI Additional Senior Civil Judge, Visakhapatnam.

2. Respondent, being the plaintiff filed suit O.S.No.390 of 2014 against the respondents/defendants for recovery of amount.

3. Defendants did not contest the suit and hence, they were set exparte on 01.05.2014 and eventually, decree was passed on 17.12.2014.

4. Initially, E.P.No.165 of 2016 was filed by the decree holder, wherein notice was ordered and the same was received by petitioners on 25.03.2017. Thereafter I.A.No.572 of 2019 was filed to condone the delay of 1666 days in filing the petition to set aside the exparte decree dated 17.12.2014.

5. In the affidavit filed in support of the petition, it was contended interalia that plaintiff is none other than husband 2nd of defendant’s sister; that in view of family disputes, plaintiff filed suit for recovery of amount on the strength of promissory note; that suit promissory note is forged one; that after receipt of summons from the Court, defendants asked the plaintiff about filing of suit and placed the matter before the elders; th

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