third party, who has obtained a decree against the appellants
therein. In execution of the decree, the respondent purchased at court sale
the properties belonging ... locus standi
of the respondent. They have therefore contested the application for passing
of final decree on the ground that non-disclosure of the vital
delay of 1808 days in
filing appeal against the Judgment and decree dated 19-11-2007 in
O.S.No.442/2004 on the file ... sale dated 18-8-2004. The
applicant/defendant contested the suit. By Judgment and decree dated
19-11-2007, the learned I Additional Senior Civil
decretal amount and for costs.
On the suit being contested by the defendants, a preliminary decree was
passed by the learned II Additional Judge, City ... along with the
Cross Objections, modifying the preliminary decree of the trial Court. The
modified decree reads as under:
"That as the partnership
respondent No.2
(principal borrower) that a decree has been passed as,
respondent No.2 has not contested the suit; that on the enquires
made ... diligently contested the suit by promptly filing
written statement. He has also filed the I.A. for setting aside ex
parte decree without any delay
died after
obtaining an ex parte decree of divorce. On coming to know
about the said ex parte decree, the wife filed an application
under ... parte decree and ought
to be set aside, her application has to be heard on
merits. The decree of divorce determines her status
days in filing an
application to set aside the ex parte decree. The said application was
dismissed by the lower Court by the Order under ... written statement and contesting the suit and also in filing the application for
setting aside the ex parte decree within the reasonable time. On considering
closed after setting the applicant ex
parte, and an ex parte decree was accordingly passed on
09.12.2008.
The applicant filed ... parte decree, she deserves to be shown a lenient view by
condoning the delay and an opportunity to contest the suit on
merits. In support
Dr. K. L. Narayana vs The Special Tribunal Under A.P. Land ... on 21 September
Bhamidimarri Vijaya Lakshmi vs M.Uma Lakshmi on 3 November, 2017
Author: C.V. Nagarjuna
Racharla Thirupathi And Others vs Gundala Shobha Rani And Others on 24 July, 2013
Author
