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2023 Supreme(Online)(KER) 29483

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
P K FATHIMA
– Appellant
Versus

AMEERA – Respondent


Advocates:
A.ARUNKUMAR, T.K.VIPINDAS

JUDGMENT

P .G. Ajithkumar, J.

This is an appeal filed under Order XLIII, Rule 1(d) of the Code of Civil Procedure, 1908 . The appellant is the 1st defendant in O.S.No.19 of 2017 on the file of the Sub Court, Hosdurg. An exparte decree was passed in the suit on 20.07.2018. The appellant has filed RPIA No.8 of 2020 to set aside the decree along with I.A.No.1 of 2020 to condone the delay of 832 days. The Sub Court dismissed those applications as per separate orders dated 23.12.2021. Those orders are under challenge in this appeal.

2. On 17.03.2022, the status of the parties in the cause title was suo motu corrected. This appeal was admitted on the same day directing service of notice on the respondents. As per order in I.A.No.1 of 2022 interim order staying operation of the decree dated 20.07.2018 was granted for a period of one month, which was extended from time to time.

3. Heard the learned counsel apeparing for the appellant and the 1st respondent-plaintiff.

4. The suit was filed by the 1st respondent seeking a decree of recovery of money. The appellant and respondents 2 to 9 were the defendants. The case of the 1st respondent is that the defendants together had executed an agreement

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