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1971 Supreme(Kar) 296

HONNAIH, VENKATACHALAIAH
OFFICIAL RECEIVER, BANGALORE – Appellant
Versus
SELLAMMA – Respondent


Advocates:
K.Nanjundashastry, P.N.SRIPADA RAO

VENKATARAMIAH, J.

( 1 ) THE above two Civil Revision Petitions are filed against a common order passed in Misc. Case Nos. 187 and 189 of 1967 on the file of the Principal civil Judge, Bangalore, on the two applications filed by the respondent in each of the above petitions under Or. 9, R. 13 of the CPC, praying for the setting aside of the ex-parte decree that had been passed in O. S. No. 274 of 1964 on the file of the said Court. By its order dt. 6-12-1969 the lower Court allowed both the applications setting aside the preliminary decree and final decree passed in the said suit. The said suit was originally filed in the Court of the District Judge, Bangalore, in O. S. No. 58 of 1949- 50, on the basis of a registered mortgage deed executed by defendants 1 and 2 therein for recovery of a sum of Rs. 31,725 which was due on the mortgage deed by way of principal and interest thereon. The petitioner in misc. Case No. 187 of 1967 is one B. N. Leelabai and she had been impleaded as the 12th defendant in the said suit. The petitioner in Misc. Case No. 189 of 1967 is one K. R. Varadaraja Iyengar and he had been impleaded as 15th defendant in the said suit. The said Leelabai and Varadaraja l
















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