G. SARASWATHI Vs. G. MALLESWARI

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, is directed against the order, dtd. 23/7/2019, allowing I.A.No.1140 of 2018 in O.S.No.614 of 2016 on the file of the Court of Principal Junior Civil Judge, Ananthapuramu, filed under Order IX Rule 13 CPC to set aside the ex parte decree and judgment, dtd. 28/2/2017, passed against the defendant.

(2.) Heard Sri V. Nitesh, learned counsel for the revision petitioner/respondent/plaintiff and Sri Harish Kumar Rasineni, learned counsel for the respondent/petitioner/defendant.

(3.) The facts, in brief, are as follows: The plaintiff brought the suit against the defendant seeking permanent injunction restraining the defendant, her men, agents and relatives from interfering with peaceful possession and enjoyment of the plaintiff over the schedule property. The suit was posted to 14/12/2016 for filing the written statement by the defendant. On that day, as the defendant could not file written statement, she was set ex parte and the suit was posted to 28/2/2017 for judgment. The defendant got good grounds and fair chances to succeed in the case. If the ex parte decree & judgment, dtd. 28/2/2017, passed against her is not set aside, the defendant would be put to great loss and hardship. Hence, the defendant filed I.A.No.1140 of 2017 with a prayer to set aside the ex parte decree & judgment, dtd. 28/2/2017, passed against her.