KONAKALLA BABU Vs. KONAKALLA YOGESWARA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed against the docket order, dated 26.11.2019, passed in E.P.No.27 of 2018 in O.S.No.62 of 2017, on the file of the Court of the Senior Civil Judge, Avanigadda.

(2.) The petitioner is defendant and respondent is plaintiff in the suit proceedings.

(3.) The facts of the case are that the respondent herein filed a suit in O.S.No.62 of 2017 on the file of the Senior Civil Judge, Avanigadda, basing on the promissory note. The said suit was decreed ex parte by the Court below on 31.10.2017. Thereafter, the respondent filed E.P.No.27 of 2018 on 02.07.2018 seeking to sell an extent of Ac.1-31 cents in R.S.No.1029 of Kollapalem Village, alleging that the petitioner is the absolute owner of the said property. Thereafter, petitioner filed E.A.No.153 of 2018 under Order 21 Rule 26 of C.P.C. seeking stay of all further proceedings in E.P.No.27 of 2018 and subsequently, he filed a petition in I.A.No.125 of 2019 to set aside the ex parte decree, dated 31.10.2017. The Court below dismissed the said I.A.No.125 of 2019 on 29.07.2019. Due to non compliance of conditional order passed by the Court below directing the petitioner to deposit half of the decretal amount and consequently on memo filed by the respondent on 06.08.2019 the said E.A.No.153 of 2018 has been dismissed.