B.SESHASAYANA REDDY
Valagala Simhachalam – Appellant
Versus
Karaka Varahalamma – Respondent
B. Seshasayana Reddy J. —This Civil Revision Petition is directed against the order dated 6.9.2005 passed in E.P.No.35 of 2004 in O.S.No.71 of l981 on the file of the Junior Civil Judge, Kothavalasa, whereby and whereunder the learned Junior Civil Judge dismissed the execution petition.
2. Background facts in a nutshell leading to filing of this revision by the petitioner/decree holder in E.P.No.35 of 2004 in O.S.No.71 of 1981 are Karaka Suri along with 4 others filed the suit for declaration of title, recovery of possession and mesne profits against Karaka Varahalamma and Velagala Yerrayyamma in respect of suit schedule property. The suit came to be decreed on 20.7.1988 declaring that Velagala Simhachalam 2nd plaintiff is owner of the suit schedule property and that she is entitled to recover vacant possession of the same and also to mesne profits. The defendants filed a petition under Order 9, Rule 13 CPC to set aside the ex parte decree dated 20.7.1988 passed in O.S.No.71 of 1981. They also moved I.A.No.762 of 1992 in O.S.No.71 of 1981 to condone the delay of 336 days in filing the petition to set aside the ex parte decree. The said application ended in dismissal on 28.6.19
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