Mohd Abdul Basith Khan vs Adapala Subba Rao 3 Ors
2021 Latest Caselaw 3430 Tel

            HON'BLE SMT. JUSTICE P. SREE SUDHA

           CIVIL REVISION PETITION No.2903 of 2010



ORDER:

This Civil Revision Petition is filed aggrieved by the

order dated 17.06.2010 in I.A.No.4 of 2010 in O.S.No.8 of

2003 passed by the III Additional District Judge (FTC), L.B.

Nagar, Ranga Reddy District.

When the matter is called, none appears for learned

counsel for the respective parties and there is no

representation on their behalf.

O.S.No.8 of 2003 on the file of III Additional District

Judge (FTC), L.B. Nagar, Ranga Reddy District, is filed for

specific performance of the Agreement of Sale dated

15.07.2002. The said suit was decreed exparte vide judgment

and decree dated 31.12.2008 directing the defendant therein

to pay a sum of Rs.10-00 Lakhs (Rupees ten lakhs only) to

the plaintiffs therein with interest @ 12% per annum from the

date of Agreement of Sale dated 15.07.2002 till the date of

realization. As there is a delay of 360 days in filing application

to set aside the said exparte decree dated 31.12.2008, the

defendant therein filed an application in I.A.No.4 of 2010 in

O.S.No.8 of 2003 to condone the delay of 360 days in filing

application to set aside the said exparte order. The same was

dismissed by the Court below vide order dated 17.06.2010 in 2 PSS, J C.R.P.No.2903 of 2010

I.A.No.4 of 2010 in O.S.No.8 of 2003. Hence, the present Civil

Revision Petition.

It is to be seen that challenging the exparte decree dated

31.12.2008 in O.S.No.8 of 2003 passed by the Court below,

though the petitioner/defendant has preferred an appeal

before this Court, he has not evinced any interest in

prosecuting the appeal, which clearly shows that the

petitioner/defendant is intended to drag on the proceedings

by one way or other.

For the aforesaid reasons, this Civil Revision Petition is

devoid of any merits and the same is accordingly dismissed.

No order as to costs.

As a sequel, Miscellaneous Applications pending, if any,

shall stand closed.

_________________________________ SMT. JUSTICE P. SREE SUDHA

12.11.2021.

Msr 3 PSS, J C.R.P.No.2903 of 2010

HON'BLE SMT. JUSTICE P. SREE SUDHA

CIVIL REVISION PETITION No.2903 of 2010

12.11.2021 (Msr)