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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
D.Krishna Kumar – Appellant
Versus
Sanjay Sambrani – Respondent
| Table of Content |
|---|
| 1. filing of civil revision petitions (Para 3 , 4 , 5) |
| 2. nature of the underlying suit and decree (Para 6 , 8) |
| 3. final orders and conclusion (Para 10 , 23) |
| 4. defense and knowledge of judgment (Para 11 , 12 , 18) |
| 5. principle of unclean hands (Para 21 , 22) |
ORDER :
2. Since both the Civil Revision Petitions are arising out of the same issue, they are analogously heard together and being disposed of by this common order.
4. Civil Revision Petition No.552 of 2025: This Civil Revision Petition is filed by the petitioner/plaintiff to set aside the order dated 31.12.2024 passed in I.A. No. 628 of 2024 in O.S. No. 4712 of 2022 by the learned IX Junior Civil Judge, City Civil Court at Hyderabad (for short ‘the trial Court’). By the impugned order, the petition filed by the respondent/defendant under Order XXXVIII Rule 4 of the Civil Procedure Code, 1908, to set aside the ex parte judgment and decree dated 09.01.2023, was allowed by the trial Court.
6. The brief facts of the case are that initially, the plaintiff filed a summary suit for recovery of an amount of Rs.7,59,666/- from the defendant with interest at 12% per annum on basis of demand promissory note dated 07.09.202; che
A party must show sufficient cause for delay in filing petitions, and lack of clean hands precludes relief.
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
The court established that a lack of diligence in responding to legal proceedings can impact the ability to set aside ex parte decrees, but exceptional circumstances may justify condoning delays.
Deliberate delay to scuttle a legal process should be heavily penalized, and legal representatives cannot seek to set aside a decree accepted by the original defendants.
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