MEDEPALLI LAZER Vs. SURAPANENI DEVENAMMA

JUDGEMENT

(1.) The plaintiff before the learned trial Court filed this revision under Sec. 115 C.P.C. questioning the correctness of order dtd. 4/11/2019 of learned Principal Junior Civil Judge, Nuzvid in I.A.No.516 of 2018 in O.S.No.188 of 2008. The respondent herein is the defendant in the suit.

(2.) By the impugned order, the learned trial Court condoned 465 days delay and permitted the respondent herein to file application to set aside the ex parte decree. It is that order which is under challenge now. The dispute between the parties is concerning Ac.0.35 cents of dry land situated in Veleru Village of Krishna District. This revision petitioner filed O.S.No.188 of 2008 seeking permanent injunction against the defendant therein from interfering with his peaceful possession and enjoyment of the said property. By judgment dtd. 14/9/2016, the learned trial Court decreed the suit in favour of the plaintiff. It is thereafter the defendant therein thought of moving an application to set aside that decree and judgment stating that it was an ex parte decree and for doing so she found that there was delay of 465 days and therefore, she sought for condonation of that delay in terms of Sec. 5 of the Limitation Act, 1963 and filed I.A.No.516 of 2018. The respondent in that petition, who is the plaintiff in the suit, who is the revision petitioner herein, filed a counter and resisted the application. After due enquiry, the learned trial Court by the impugned order dtd. 4/11/2019 allowed that application and condoned the delay with a direction to the defendant/respondent herein to pay Rs.2,000.00 as costs. During the course of the present hearing of this revision, it is stated that the revision petitioner did not receive the costs and preferred this revision and the costs were deposited into the trial Court by the respondent herein.

(3.) Learned counsel on both sides submitted arguments.