JYOTHI Vs. D.VENKATA SAMY

JUDGEMENT

(1.) Since the facts of the case, parties to the litigation and issues involved are identical and since both these cases arise out of the common order passed by the Court below, both these matters are being disposed of by this common judgment.

(2.) C. M. A. No. 781 of 2019 is filed under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, by the appellants/defendant Nos. 2 to 6, aggrieved by the order, dated 18. 03. 2019, passed in I. A. No. 107 of 2019 in O. S. No. 1671 of 2012 by the V Senior Civil Judge, City Civil Court, Hyderabad, wherein the subject interlocutory application filed by the appellants/defendant Nos. 2 to 6 under Order IX Rule 13 read with Section 151 of CPC requesting to set aside the ex parte preliminary decree and judgment, dated 25. 04. 2015, passed in the subject suit, was dismissed.

(3.) C. R. P. No. 1193 of 2019 is filed under Section 115 of CPC, by the petitioners/defendant Nos. 2 to 6, aggrieved by the order, dated 18. 03. 2019, passed in I. A. No. 108 of 2019 by the V Senior Civil Judge, City Civil Court, Hyderabad, wherein the subject interlocutory application filed by the revision petitioners/defendant Nos. 2 to 6 under Section 5 of the Limitation Act, 1963, requesting to condone the delay of 870 days in filing the petition to set aside the ex parte preliminary decree, dated 25. 04. 2015, was dismissed.