G KETHAMMA Vs. ALLAM KESHAVA RAJU

JUDGEMENT

(1.) THIS civil revision petition is directed against the order, dated 2. 7. 2007, in ea No. 187 of 2007 in E. P. No. 97 of 2006 in O. S. No. 381 of 2005 on the file of the court of the Principal Senior Civil Judge, warangal.

(2.) THE suit was filed by the respondent herein for specific performance of an agreement of sale, dated 1. 8. 2002, said to have been executed by the defendants. The revision petitioner is the first defendant, whereas the second defendant is her husband. The said suit was decreed ex parte on 29. 12. 2005 directing the defendant to execute a sale deed and get it registered in favour of the plaintiff in respect of the suit property on or before 28. 2. 2006 failing which the plaintiff shall be entitled to get the sale deed executed and registered as per law. There was also a direction that the plaintiff shall be put in possession of the suit property after execution of the sale deed as per law. Pursuant thereto the decree-holder/respondent herein filed e. P. No. 97 of 2006 alleging that the defendants failed to execute the sale deed within the time prescribed in the decree. The said E. P. was also ordered ex parte and in pursuance thereof a sale deed was executed and registered through the Court in favour of the decree-holder and thereafter the judgment-debtor was directed to deliver vacant possession to the decree-holder.

(3.) AT that stage, on 14. 6. 2007 the petitioner herein filed LA. No. 973 of 2007 to set aside the ex parte decree stating that the whereabouts of her husband (second defendant) were not known, and the advocate engaged by her to contest the suit, failed to take proper care resulting in ex pane decree which she came to know only on 7. 6. 2007 when the bailiff came to the suit house to take vacant possession pursuant to the order in E. P. No. 97 of 2006. She also filed E. A. No. 238 of 2007 to set aside the ex parte order in E. P. No. 97 of 2006, along with E. A. No. 229 of 2007 for stay of all further proceedings in the E. P.