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2022 Supreme(Telangana) 259

CHILLAKUR SUMALATHA
K. Jagapati Reddy, Mahaboobnagar – Appellant
Versus
K. Bhaskar Reddy, Mahaboobnagar Dist – Respondent


Advocates Appeared:
For the Petitioner:Vivek Jain, Advocate
For the Respondent:L. Prabhakar Reddy, Advocate

ORDER :

1. Heard learned counsel for the petitioner as well as learned counsel for the respondent. Perused the material available on record.

2. Challenge in this Civil Revision Petition is the order rendered by the Court of Senior Civil Judge, Nagarkurnoool, Mahabubnagar District, in I.A.No.390 of 2014 in O.S.No.119 of 2013, dated 22.12.2014.

3. I.A.No.390 of 2014 was filed by the revision petitioner, who is the defendant to the suit, under Section 5 of the Limitation Act, seeking the Court to condone the delay of 107 days in filing application to set aside the exparte decree dated 17.02.2014 in O.S.No.119 of 2013. The request was dishonoured and the said application was dismissed vide order dated 22.12.2014. Aggrieved by the same, the revision petitioner is before this Court.

4. Arguing at length in respect of the merits of the case, learned counsel for the revision petitioner submits that the suit was filed by the respondent/plaintiff for specific performance of the contract of sale and on receipt of summons, the revision petitioner appeared before the trial Court and also engaged an Advocate to defend him. But, subsequently, he left to Hyderabad for eking out his livelihood and

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