BEEVI Vs. SHAMILA

JUDGEMENT

(1.) THESE appeals being connected, they are disposed of by this common judgment.

(2.) MA.No.962/2010 is filed against the order in I.A.No.4049/2008 in OP No.218/2006 while MA No.965/2010 is filed against the order in I.A.No.5034/2008 in OP No.218/2006.

(3.) NO doubt, there is a delay of 503 days in filing the application to set aside the exparte decree. Of course, the case of the appellant is that she was made to understand that the matter will be settled. This is a case where joint counter affidavit was filed by all the three respondents in the OP and thereafter, by reason of their default in appearance they were set exparte and ultimately exparte decree was passed. Learned counsel for the respondent would point out that the Court has decreed Rs.2,96,000/- in all with 9% interest and at present the amount will come to Rs.4,25,000/-. The reasons stated for condoning the delay in filing the application to set aside the exparte decree was that the appellant was informed by respondents 1 and 2 that the OP was filed at the time when they were residing separately and that at present they are residing together and they will initiate appropriate steps to withdraw the OP and that is why the appellant did not pursue the OP.