GUANAGANTI BALA KRISHNAMMA Vs. K AADI SESHAIAH

JUDGEMENT

(1.) The first respondent filed O.S.No.420 of 2003 in the Court of Junior Civil Judge, Miryalaguda, against the petitioner, for recovery of certain amount, on the basis of mortgage. The suit was decreed ex parte on 10-2-2004. Thereafter, the first respondent filed I.A.No.566 of 2004 for final decree. It was allowed and E.P. was filed, to enforce the decree. The house of the petitioner was attached and it was sold in an auction conducted by the Court. The petitioner states that she came to know about all these proceedings, only at a time, when the delivery of possession of the property was to be effected.

(2.) The petitioner filed an application under Order IX Rule 13 C.P.C., to set aside the ex parte decree, together with I.A.No.764 of 2006, under Section 5 of the Limitation Act, to condone the delay. She also filed E. A. No. 77 of 2006 for stay of further proceedings in the E.P. The executing Court ordered notice in the E.A. Since the sale of the property was being proceeded with, the petitioner filed C.R.P.No.2015 of 2006 before this Court. Interim stay was granted, on condition that the petitioner deposits a sum of Rs.20,000.00. After hearing the parties, the C.R.P was disposed of, on 11-7-2006, directing that the petitioner shall deposit a further sum of Rs. 10,000.00 and the first respondent shall be entitled to withdraw the total amount of Rs.30,000.00. The trial Court was directed to dispose of I.A.No.764 of 2006.

(3.) The trial Court took up the I.A. for adjudication. The petitioner stated that she did not receive summons in the suit and the failure to contest the matter by her, was on account of non-receipt of summons in the suit or in the E.P. The respondent opposed the application. Through its order, dated 8-12-2006, the trial Court dismissed I.A.No.764 of 2006. Hence, this Civil Revision Petition.