CHIVULURU MICHAL Vs. YADLA SAMBASIVA RAO

JUDGEMENT

(1.) Vidyasagar, learned Counsel representing the appellant and Ms. Vasireddy Vijaya, learned Counsel representing the respondents.

(2.) The civil miscellaneous appeal is filed as against an order dated 18-2-2003 made in LA. No.778 of 2001 in OS No.138 of 2000 on the file of Additional Senior Civil Judge, Tenali. The said order reads as hereunder :

(3.) Sri P.V. Vidyasagar, learned Counsel representing the appellant would submit that apart from the application I.A. No.776 of 2001 in OS No.138 of 2000, which was filed for setting aside the ex parte decree, since there was some delay in moving the application, an application IA No.778 of 2001 was filed for condonation of delay and on the same set of facts in the light of the averments made in the affidavit filed in support of the application IA No.776 of 2001, the application was allowed and the delay was condoned. The affidavit filed in support of the application IA No.778 of 2001 also being on similar lines, instead of allowing the application, the learned Judge, on the ground that the Counsel reported no instructions, had dismissed the application and hence it cannot be sustained.