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2024 Supreme(AP) 261

K. SREENIVASA REDDY
Bollu Venkata Siva Satyanarayana – Appellant
Versus
Madhyannapu Rama Krishna Das – Respondent


Advocates appeared:
P.A.Seshu, Advocate, Turaga Sai Surya, Advocate

JUDGMENT

1. The Civil Revision Petition has been filed aggrieved by the Order dtd. 22/3/2022 passed in I.A.No.206 of 2022 in O.S.No.39 of 2006 on the file of the VII Additional District Judge, West Godavari at Eluru, whereby petition filed by the petitioner/ 1st defendant under Order IX Rule 7 CPC to set aside ex parte order dtd. 13/12/2006 passed against him, was dismissed.

2. The petitioner herein is defendant No.1, 1st respondent herein is plaintiff, and respondents 2 to 5 herein are defendants 2 to 5, in the Original Suit. For sake of convenience, the parties are hereinafter referred to, as per their array in the Original Suit.

3. Plaintiff filed the aforesaid suit for specific performance directing the defendants to execute sale deed(s) in favour of the plaintiff on ascertaining the correct extent of land by measurement as per FMB, receive the balance of sale consideration before the Joint Registrar and register the sale deeds, in respect of Ac.12.92 cents in R.S.No.198 and 169/2 of Pangidigudem village, Dwaraka Tirumala Mandal as well as Polasanipalli village, Bhimadole mandal, West Godavari district. The defendant No.1 was set ex parte on 13/12/2006. It is stated in the petit

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