L VENKATA KRISHNA REDDY Vs. M ANJINAPPA

JUDGEMENT

(1.) These two Revision Petitions which are directed against the order dated 19.10.2009 in I.A.No.364 of 2008 in I.A.No.188 of 1996 in O.S.No.33 of 1985 on the file of the Court of the Senior Civil Judge, Hindupur are heard together and decided by this common order:

(2.) O.S.No.33 of 1985 filed by the respondents 1 to 5 herein for specific performance of the agreement of sale dated 19.04.1980 was decreed ex parte by judgment dated 11.8.1992. The petitioners in these two Revision petitions filed I.A.No.188 of 1996 under Order 9 Rule 13 of C.P.C. for setting aside the ex parte decree dated 11.08.1992. The said application was dismissed for default on 7.6.2006. Thereafter, the Revision petitioners filed I.A.No.364 of 2008 under Order 9 Rule 9 of C.P.C. to set aside the dismissal order dated 7.6.2006 and to restore I.A.No.188 of 1996. After hearing both the parties, I.A.No.364 of 2008 was dismissed by the Court below by order dated 19.10.2009. The said order is under challenge in these two Revision Petitions.

(3.) I have heard Sri S.V. Sundararajan, the learned Counsel appearing for the petitioners in C.R.P.No.254 of 2010, Sri R. Prasad, the learned counsel appearing for the petitioner in C.R.P.No.494 of 2010 as well as Sri V.L.N.G.K. Murthy, the learned counsel appearing for the respondents and perused the material available on record.