IRAGADINDLA YADAMMA Vs. IRAGADINDLA AYALAMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the order dtd. 25/4/2024, passed in I.A.No.280 of 2023 in O.S.No.2 of 2022 on the file of Senior Civil Judge, Nagarkurnool, whereby the petition filed by the petitioner/defendant No.2 to condone the delay 298 days in filing a petition to set aside the ex parte decree dtd. 8/9/2022, was dismissed.

(2.) Heard Sri M.Damodar Reddy, learned Counsel for the petitioner and Sri N.Bhujanga Rao, learned counsel for the respondent and perused the record.

(3.) The facts leading to filing the present revision petition are that, the respondent/plaintiff filed suit vide O.S.No.2 of 2022 against the petitioner/defendant No.2 and defendant No.1 seeking specific performance of the agreement sale and for cancellation of registered sale deed No.3311/2021 dtd. 1/12/2021. On 25/3/2022 when the suit was called for appearance of the defendants, both the defendants were absent and therefore the defendants were set ex parte on 25/3/2022 and an exparte decree was passed on 8/9/2022. Thereafter the petitioner filed petition vide I.A.No.280 of 2023 in O.S.No.2 of 2022 for condonation of delay of 298 days in filing the petition to set aside the ex parte decree but the same was dismissed through impugned order.