M.MADHU Vs. M/S. BHAVANA ESTATES
LAWS(APH)-2022-1-5
HIGH COURT OF ANDHRA PRADESH
Decided on January 05,2022

M.MADHU Appellant
VERSUS
M/S. Bhavana Estates Respondents

JUDGEMENT

- (1.) The petitioner had filed O.S.No.77 of 2014 before the IV Additional District Judge, Tirupati, against the respondents herein for specific performance of an agreement of sale dtd. 11/7/2009. The respondent filed their written statement and the matter came for trial. However, the petitioner did not proceed with the trial on 03/12/2015, 11/03/2016, 06/06/2016, 20/10/2016, 09/02/2017, 08/06/2017, 17/08/2017, 22/01/2018, 19/04/2018 and 27/06/2018 when the suit was dismissed for default.
(2.) The petitioner had then moved the trial Court by way of I.A.No.492 of 2018, under Order IX Rule 9 C.P.C., and Sec. 151 C.P.C., for setting aside the said ex parte order. The reason given by the petitioner for non-prosecution of the case was that as the petitioner had gone to Bangalore on the said dates he could not give his evidence and his counsel, who was representing him, was engaged in another Court, as such he could not appear before the Court.
(3.) This application was contested by the respondents and was dismissed by the trial Court by an order dtd. 21/8/2019.;


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