TETTU BASHA MOHIDDIN Vs. SUDDAPALLI SEETHAPATHI

JUDGEMENT

(1.) C.R.P(Sr).No.9967 of 2014 is filed questioning the order dtd. 9/10/2012 passed in I.A.No.1 of 2011 in A.S.No.23 of 2001 by the Principal Senior Civil Judge, Rajampet, Kadapa District in dismissing the I.A., to restore the appeal by setting aside the dismissal order dated 27.01. 2011.

(2.) C.R.P.No.3209 of 2015 was filed questioning the order dtd. 27/7/2015 in E.P.No.27 of 2014 in O.S.No.244 of 1999 passed by the Junior Civil Judge, Nandaluru rejecting the plea of bar of limitation urged by the petitioner/judgment debtor.

(3.) Petitioner is the judgment debtor. Respondents filed O.S.No.244 of 1999 seeking relief of declaration of title over A, B, C-1 and D-1 property shown in the plaint plan and to direct the defendants to remove the encroached portion A,B,C-1 and D-1 by way of mandatory injunction and also deliver vacant possession of the same. Further, the defendants were sought to be restrained by way of permanent injunction without making any further construction in C-1 and D-1 wall. The said suit was decreed on 13/3/2001. Petitioner/judgment debtor filed A.S.No.23 of 2001 before Senior Civil Judge, Rajampet on 24/4/2001. During the pendency of the appeal, the decree holder died on 28/6/2006 and their legal heirs were added in the appeal vide order dtd. 29/8/2006 in I.A.No.702 of 2006. A.S.No.23 of 2001 was dismissed for default on 27/1/2011. Petitioner/judgment debtor filed restoration petition i.e. I.A.No.1 of 2011 and the same was dismissed. Questioning the same, the petitioner file the present CRP (SR) along with an application to condone the delay of 434 days in filling the same.