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2022 Supreme(AP) 917

SUBBA REDDY SATTI
V. Suresh Reddy – Appellant
Versus
D. Venkateswara Reddy – Respondent


JUDGMENT

1. Defendant in the suit filed the above revision petition challenging the order dtd. 17/12/2021 in I.A.No.7143 of 2018 in O.S.No.77 of 2013 on the file of the Principal District Judge's Court, Kurnool.

2. Respondent being plaintiff filed suit O.S.No.77 of 2013 against the petitioner herein for recovery of amount. Revision petitioner being defendant filed written statement, however, he could not contest the matter. Hence, he was set ex parte. By the judgment and decree dtd. 10/8/2018, trial Court decreed the suit. The defendant filed I.A.No.1743 of 2018 under Order IX Rule 13 and Sec. 151 of CPC seeking to set aside the ex parte decree dtd. 10/8/2013.

3. Counter was filed by the respondent and opposed the application.

4. Trial Court by order dtd. 17/12/2021, allowed the application and set aside the ex parte decree, however, on condition of petitioner depositing into Court the entire suit costs and Rs.26,00,000.00 which is part of the decretal amount. Time is granted till 7/1/2022.

5. Against the said order, present revision petition is filed.

6. This Court by order dtd. 1/4/2022 granted interim stay and the stay is being extended from time to time.

7. Heard Sri G.Ramesh Ba

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