GULNAR GULABI Vs. TASNEEM SULTHANA

JUDGEMENT

(1.) Defendant in O.S. No. 26 of 2004, on the file of the Court of the Senior Civil Judge, Sanga Reddy, Medak District, is the appellant in the present Civil Miscellaneous Appeal preferred under the provisions of Order 43 Rule 1 of the Code of Civil Procedure.

(2.) This appeal assails the order dated 16.04.2015 passed by the said Court in I.A. No. 435 of 2012. The circumstances leading to the filing of the appeal are that the respondent herein instituted O.S. No. 26 of 2004 against the appellant herein for specific performance of Agreement of Sale. The learned Senior Civil Judge, on 21.08.2006, rendered ex parte Judgment and Decree in the said suit, directing execution of Registered Sale Deed in favour of the plaintiff-respondent herein. Seeking to set aside the said ex parte judgment and decree dated 21.08.2006, the defendant-appellant herein filed I.A. No. 435 of 2012 under the provisions of Order 9 Rule 13 of the Code of Civil Procedure. The plaintiff-respondent resisted the said application by filing a counter affidavit. The learned Senior Civil Judge, Sanga Reddy, dismissed the said I.A. No. 435 of 2012 by order dated 16.04.2015.

(3.) The present appeal calls in question the validity and the legal sustainability of the said order passed by the learned Senior Civil Judge, Sanga Reddy.