G. RAMESWARA REDDY Vs. Y ADINARAYANA REDDY

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 13/3/2019 passed in IA.No.231 of 2018 in OS.No.123 of 2015 by the learned Principal District Judge, Kurnool.

(2.) The learned counsel for the petitioner submits that the learned Judge dismissed I.A.No.231 of 2018, which was filed seeking condonation of the delay of 512 days in filing the petition to set aside the ex-parte decree passed in O.S.No.125 of 2015. It is further submitted that another application seeking to set aside the ex-parte decree was also filed, and the same is pending. It is submitted that the I.A.No.231 of 2018 was dismissed primarily on the ground that the learned Judge had held that the petitioner was appearing in cases registered for the alleged offences under the Negotiable Instruments Act, pending in CC.No. 582 of 2016 and CC.No.150 of 2017 on the file of the Special Judicial Magistrate of First Class, and that while the petitioner was regularly appearing in those cases, he failed to pursue the suit proceedings. As such, the learned Judge held that the petitioner cannot claim that he was not aware of the suit proceedings. On these grounds, the learned Judge dismissed the interlocutory application, as no justifiable or sufficient grounds were raised by the petitioner for seeking the relief of condonation of delay of 512 days.

(3.) The learned counsel appearing for the respondent submits that the petitioner had initially filed Vakalat on behalf of the defendant and was also represented by counsel. However, the petitioner failed to file the written statement and thereafter evaded to pursue the suit. It is further submitted that the petition filed seeking condonation of delay was filed without explaining the reasons for the delay, and therefore, the learned Judge has rightly dismissed the same, and the orders passed by the learned Judge need not be interfered with.