G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
B. Madhuri Goud – Appellant
Versus
B. Damodar Reddy – Respondent
ORDER :
1. Leave granted.
2. The appellant has questioned the correctness of order dated 11.3.2011 passed by the learned Single Judge of the Andhra Pradesh High Court whereby he condoned 1236 days delay in filing of appeal by the respondent against judgment and decree dated 18.8.2006 passed by V Senior Civil Judge, City Civil Court, Hyderabad (hereinafter referred to as, 'the trial Court').
3. After purchasing the suit property from the Andhra Pradesh Housing Board, the appellant filed OS No. 381 of 2006 for delivery of possession and mesne profits. The trial Court decreed the suit vide ex- parte judgment dated 18.8.2006. In the execution proceedings, the respondent was evicted from the suit premises. After about one year he filed IA No. 174 of 2007 under Order 9 Rule 13 Civil Procedure Code for setting aside ex- parte decree. The same was dismissed by the trial Court vide order dated 20.2.2008. Civil Miscellaneous Appeal No. 341 of 2008 filed by the respondent was dismissed by the High Court vide judgment dated 11.12.2008.
4. After almost four years of the passing of ex-parte decree by the trial Court and one year and eight months of the dismissal of CMA No. 341 of 2008 by the High Co
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