V CHINNA LAKSHMAIAH Vs. SAMURLA RAMAIAH

JUDGEMENT

(1.) The revision petitioner herein all these revision petitions is the decree holder in O.S. Nos.9/70 and 10/70, Sub Court, Adoni. He filed two suits on the basis of mortgage deeds dated 17-7-58 and 25-4-58 respectively. Preliminary decree was passed in the above two suits on 30/12/1971. The time for redemption was granted Up to 30/04/1972.

(2.) The decree-holder filed I.A. 227/82 in O.S.9/70 and LA. 228/82 in O.S. 10/70 on 26-6-82 praying for passing a final decree. In the affidavits filed in support of the above I. As, the decree-holder alleged that the time for redemption was granted up to April, 1982 and those petitions were within time. Notice was ordered in the above I. As to all the seven judgment-debtors. While judgment-debtors 1 and 2 remained ex parte, J. Drs. 3 to 7 engaged Sri Kuppuswami Iyyar as their advocate in the above I.As. Repeated adjournments were granted for filing their counter. Ultimately time was granted for filing counter on payment of costs. The costs were not paid and the counter was also not filed. Final decrees were passed in both the suits on 16-10-82 in the presence of the advocate for judgment-debtors 3 to 7.

(3.) E. P. 205/82 in O.S.9/70 and E. P. 206/82 in O.S. 10/70 were filed praying for sale of mortgaged properties. The decree-holder with the leave of the court purchased the same in the court-auction that was held on 15-3-85.