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2023 Supreme(AP) 734

V. R. K. KRUPA SAGAR
M. Kasim Vali – Appellant
Versus
E. Guru Reddy – Respondent


Advocates Appeared:
For the Petitioner: K.V. Raghu Veer.
For the Respondent: G. Ramachandra Reddy.

ORDER :

Since both Civil Revision Petitions are between the same parties and orders impugned therein are from the same Court and as they are heard together, they are now to be disposed of by this common order.

2. O.S.No.9 of 2017 is a suit filed for recovery of Rs.28,43,534/- filed by plaintiff as against two defendants. The plaint was presented on 07.04.2017. Defendants made their appearance and they were to file their written statement on 18.09.2017. They failed to file the written statement and the proceedings went ex parte and the learned trial Court decreed the suit ex parte by its judgment dated 20.11.2017. Nine days thereafter it was on 29.11.2017 the defendants moved an application under Order IX Rule 13 C.P.C. requesting the learned trial Court to set aside the ex parte decree. Plaintiff was notified of it and he did not choose to file any counter. After enquiring into the matter, by an order dated 05.10.2018 the learned trial Court allowed that application in I.A.No.51 of 2018 in O.S.No.9 of 2017 and set aside the ex parte decree but subject to fulfillment of two conditions. It directed the defendants to deposit suit costs and also directed the defendants to deposit Rs.1,00

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