N HANMANTH REDDY Vs. RAZIA BEGUM

JUDGEMENT

(1.) Heard Sri D. Prakash Reddy, Senior Counsel representing Sri Venkata Rao Patil, learned counsel for the petitioner and Sri Ashok Ananda Kumar, learned counsel for the respondents. These Revisions are filed under Article 227 of the Constitution of India challenging the separate orders dt. 13-03-2013 in I.A. No. 151 of 2008 (new) (old I.A. No. 102 of 2006) in O.S. No. 36 of 2001 on the file of Senior Civil Judge, Zaheerabad, and in I.A. No. 67 of 2013 in the same suit.

(2.) The petitioner in the Civil Revision petitions is the plaintiff in the above suit. He filed the said suit on the file of Senior Civil Judge, Sangareddy against respondents 1 to 8 for specific performance of an agreement of sale dt. 09-12-1997 executed by them in his favour in respect of land in Sy. No. 127 AA of Zaheerabad. Summons were sent for service on respondents/defendants by the Court through the process server of the Court. It appears that when the process server sought to serve the summons on the respondents at the address 8-4-380/1/29/A, Premnagar, Erragadda, Hyderabad (for short, the 'Erragadda address'), the ladies in the household refused to take the summons or to affix the same on the door of the premises. On the report filed by the process server in the Court to that effect, a docket order dt. 23-08-2001 was passed setting the respondents ex parte. Trial was conducted and a decree was passed ex parte on 08-11-2001.

(3.) Subsequently E.P. No. 104 of 2005 was filed before the Senior Civil Judge, Sangareddy, by the petitioner for execution of the decree. A paper publication was also made in an Urdu paper "Saz-E-Deccan" on 20-12-2005 fixing the date of appearance of the respondents as 30-12-2005.