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HIGH COURT OF ANDHRA PRADESH
B SYAMSUNDER
PODAMEKAL MALYADRI – Appellant
Versus
MALLURU KOTAIAH – Respondent


O R D E R:

This civil revision petition is filed by the petitioner/1st defendant under Section 115 of CPC against the Orders passed by the learned Principal Junior Civil Judge, Kovur in IA.No.281 of 2009 in O.S.No.189 of 1996, dated 31.08.2015, wherein and whereby the learned Judge dismissed the petition filed by the petitioner/1st defendant under Section 5 of Limitation Act, praying the Court to condone the delay of 4020 days in filing the petition to set aside the ex parte Decree, dated

01.12.1997.

2. The case of the petitioner before the trial Court in brief is that the respondent filed suit for specific performance of agreement of sale in pursuance of agreement of sale, dated 11.08.1994, wherein he has shown him as 1st defendant. He submits that the respondent filed suit in the year 1996 and obtained ex parte Decree without serving notice to him and the said agreement of sale is a forged one and the respondent managed the notice and got the ex parte Decree on 01.12.1997. He further submits that he came to know the entire proceedings after receiving notice in EP No.130 of 2008 filed by the respondent and he has no knowledge about the ex parte Decree obtained by the respondent. It

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