truth and the contested decree does not fall within the meaning
of exparte decree. It is the contest further that petitions to set aside ... account of
non-appearance, the decree cannot be construed as ex parte decree. Once
there is a contest judgment, Order IX Rule
true and created averments. The further contest of P is that
G suffered the decree in O.S.No.7098 of 1991 and unsuccessfully
agitated ... decreed and that the said injunction suit
decree was on merits and not an ex parte decree and judgment and
the appeal filed also with
long subsequent to the decree passed in
O.S.No.1675 of 2001 and pursuant to the decree, there was a
registered sale deed executed ... Rule 35 is unsustainable. In fact
that contest of JDR already raised and on that contest the
other suit plaint was rejected holding that
Rule 5 CPC to pass decree on
admission therefrom. However here the defendants filed their
written statement with a contest supra ... they
contend deposited title deeds and if proved entitled to mortgage
preliminary decree and as there are trialable issues. The written
statement averments cannot
almost in
both the appeals of the respective suits are that the decree and
judgment respectively of the trial Court supra are contrary ... trial Courts decree granting specific performance and dismiss the
suit claim by allowing the appeal.
6) It is also the contest of the respective appellants
respectively and in pursuance to said decrees, the
respective revision petitioner (decree holders) filed E.P.No.100 of
2012 and 74 of 2012 respectively ... suits as 2nd respondent in both the Execution
Petitions, even the contest of J.Dr. was that he settled the property
in favour
automatically entitled to a decree as
prayed for. The Court is obliged to satisfy itself, before granting a
decree even ex parte in favour ... enable them to get a decree.
16. In other words, if the plaintiffs take a plea that the real
contesting defendants had lost their right
dismissal order in E.P.No.4 of 2009 filed by
the decree holder of O.S.No.334 of 2016 on the file ... realised, from the contest by the 6th respondent as
judgment debtor against whom enforcement sought, that already
the decree holder sought attachment of the property
shall be deemed to authorise the Court which passed a
decree to execute such decree against any person or property
outside the local limits ... pass
the decree but for the Senior Civil Judge, Jangaon with Camp
Court at Warangal, such a decree of the Senior Civil Judge,
Jangaon requires
vacant land to one Dr.Suresh, pursuant to a
compromise decree in O.S.No.1561 of 1995 on the file of the Court ... herein was 3rd defendant and he did not even oppose the compromise
decree between K.Sheshagiri Rao and Suresh supra in respect
