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2023 Supreme(Online)(AP) 13914

HIGH COURT OF ANDHRA PRADESH
B KRISHNA MOHAN, J
Smt.Sunkamma – Appellant
Versus
NAGENDRAMMA – Respondent


ORDER:

Heard the learned counsel for the petitioners and the learned Counsel appearing for the respondent.

2. This Revision petition is filed against the order passed in I.A.No. 1456 of 2018 in O.S.No. 286 of 2014 on the file of Senior Civil Judge, Adoni dated 18.04.2022 dismissing the application to condone the delay of two (2) weeks under Section 5 of the limitation Act in filing an application to set aside the ex-parte decree dated 23.01.2018 in O.S.No. 286 of

2014 on the file of Senior Civil Judge, Adoni. The trial court observed in the impugned order dated 18.04.2022 as follows:

“Though the suit pertained to the rights involved in the immovable Property, the petitioner/Defendant No. 4 did not evince any interest to show a proper and sufficient cause in his Affidavit, for filing the Petition under Order 9 Rule 13 C.P.C with a delay. The suit was filed for sought relief of partition, and Petitioners/Defendants 1 to 7 were engaged an Advocate, but they failed to file written statement with in stipulated period, and filing written statement was forfeited. In above suit, Exparty decreed was passed on 23.01.2018. As seen from the records, Final decree petition was filed on 04.04.2018.

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