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2023 Supreme(AP) 204

SUBBA REDDY SATTI
Bathina Janaki Ramesh, S/o Veera Swami – Appellant
Versus
Bezawada Venkata Ramana, S/o. China Kondayya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Venkateswarlu Sanisetty
For the Respondent: Sri A.S.C. Bose.

ORDER :

Defendant in the suit filed the above civil revision petition against order, dated 22.11.2022 passed in I.A.No.514 of 2022 in O.S.No.55 of 2017 on the file of learned Senior Civil Judge, Yelamanchili.

2. Plaintiff filed O.S.No.55 of 2017 for recovery of amount on the strength of promissory note.

3. Defendant, by filing written statement, is contesting the suit.

4. When the suit was posted for cross examination of PW1, neither the defendant nor his counsel appeared. Suit was decreed ex-parte on 23.01.2019.

5. Pursuant to the decree, decree holder filed E.P No.44 of 2019. Pending the E.P, JDR filed the above application to condone delay of 1322 days in filing the petition to set-aside the ex-parte decree dated 23.01.2019.

6. In the affidavit filed in support of the application judgment debtor contended that he engaged advocate and gave instructions after receiving summons in execution petition and handed over the same to counsel, who in turn filed vakalath. Later, the application is filed to condone delay of 1322 days in filing petition to set-aside ex-parte decree.

7. Decree holder filed counter and opposed the application.

8. Trial court by order dated 22.11.2022 dismissed the appl

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