P LAKSHMIPATHI CHETTY Vs. P JANARDHANA CHETTY

JUDGEMENT

(1.) The CMP No. 170 of 2007 is filed to condone the delay of 23 days in presenting the revision against the judgment of the learned VIII Additional District Judge (FTC), Chittoor dated 21-7-2006 passed in AS No.32 of 1998, whereunder the appeal filed by the petitioner against the dismissal of the orders dated 2-12-1997 passed by the learned Additional Sub-Judge, Chittoor in I.P. No.4 of 1997, was confirmed.

(2.) Brief facts of the case are that the petitioner, who filed I.P. No.4 of 1997, admitted that he came to know that O.S. No. 109 of 1995, on the file of the learned Additional Senior Civil Judge, Chittoor was decreed, but he did not know whether his business premises was attached in the said suit; the fact of his father filing OS No. 109 of 1995 claiming title to the attached properties; and also he did not know whether he was a party to the said claim petition filed by his father or not.

(3.) The evidence of PW-2 is to the effect that the petitioner was residing in a rental house bearing Dr.No.8-191 in Jail Khana Street, Chittoor and there is also a 'pathi' complex building at a distance of 100 yards from 'Premala talkies, Chittoor and the first floor was let out to a computer institute and in the ground floor, "Pathi General Stores" was located and the cellar is being used as a go-down and the complex is worth more than 1 crore. The petitioner and his family members had partitioned the said building. PW-2 further admitted that apart from the said buildings, the petitioner's family possessed two godowns in Gopal Reddi Street worth Rs. 10 lakhs.