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Set Aside Ex-Parte Order

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165 views7 pages

Set Aside Ex-Parte Order

Uploaded by

karan01.raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE

RANGA REDDY DISTRICT AT : MEDCHAL

I.A. No. of 2021


In
O.S.No.333 of 2015
Between:
Splendid Aparna Projects Pvt. Ltd … Petitioners /
Defendant No.1
And
Ch. Janardhan Reddy (died per L.R.s) and others … Respondent /
Petitioners /
Defendants.

AFFIDAVIT

I, B. Venu Gopal Reddy S/o Late B. Lakshmana Reddy, aged about 57


years, Occ: Service, # 802, Astral Heights, D.No.6-3-352/2&3, Road No.1,
Banjara Hills, Hyderabad, do hereby solemnly affirm and state on oath as follows:

1. I am the Authorized Signatory of the Respondent No.1 and 2 Company and I


am authorized to represent the company in the above suit. I am conversant with the
records of the case and hence, I know the facts of the case deposed hereunder.

1. I further submit that the above suit is filed by the Respondent No.1 / Plaintiff
for compensation of Rs.7,82,000/- with interest @ 12 % p.a. being compensation
or the delay in completing the infrastructure to the Respondent/Petitioner and
continue to pay an amount of Rs. 23,500/- per month from month of September
and others in respect of the suit schedule property and separate application which
was existing at
2. My earlier counsel on record A. Venkatesh, Advocate filed vakalath on
behalf of me and later he has given no objection vakalath and my present counsel
M.V. Durga Prasad filed a vakalath on 04.02.2019 for D1 i.e., Splendid Aparna
Projects Pvt. Ltd and the same was recorded, since then my counsel attended the
court from time to time for adjournments.

3. I further submit that my earlier counsel filed vakalath on 09.12.2014 after


recording my vakalath, I am under the impression that written statements had been
filed but, it could not be filed before this Hon’ble Court. The Plaintiff filed a chief
affidavit on 18.02.2020 and the same was served to me and on the same day the
court Hon’ble Court was pleased and given the following directions that “plaintiff
present learned counsel for the defendant reported that he filed vakalath (no
objection) and his previous counsel for defendant has not handover the documents
to him for the reasons best known hence, sought for the directions to furnish the
copies in the circumstances plaintiff directed to serve copies of plaint and
documents to the counsel for the defendants on or before 23.03.2020” but the
counsel for Plaintiff had not furnished even after the directions of this Hon’ble
Court, thereafter the matter is adjourned time to time and Covid-19 pandemic also
started and in the meantime the plaintiff passed away due to which several
applications filed by the LR’s of the plaintiff are pending and it was neither willful
nor wanton but due to the above said reason only. The petitioner has merits in the
above suit. Therefore, it is just and necessary that this Hon’ble Court may be
pleased to set-aside the exparte order dated 19.08.2015 passed against me.
Otherwise, the Petitioner will be put to serious irreparable loss and hardship.
4. It is therefore, prayed that this Hon'ble Court may be pleased to set-aside the
exparte order dated 19.08.2015 passed against me by accepting my Written
Statement in the above O.S.No.333 of 2015 on the file of this Hon’ble Court and
pass such other order or orders as this Hon'ble Court may deem fit and proper in
the circumstances of the case.

1st and last page

Corrections: DEPONENT

Sworn and signed before me on


this the ___ day of November, 2021
at Hyderabad. ADVOCATE :: HYDERABAD.
IN THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE
RANGA REDDY DISTRICT AT : MEDCHAL

I.A. No. of 2021


In
O.S.No.333 of 2015
Between:
Splendid Aparna Projects Pvt.Ltd,
Represented by its Chairman,
P.R.Gopal Raju, S/o.P.L.Raju,
Aged about, Occ: Business,
R/o.Plot No.476/A, Road No.21,
Jubilee Hills, Hyderabad. … Petitioners /
Defendant No.1
And

1. Ch.Janardhan Reddy (died per L.R.s)

2. Smt.Indira W/o.Late Sri Ch.Janardhan Reddy,


Aged 68 years, Occ: Business,
R/o.Villa No.9 in S.A.Oakn Neadiws,
Kompally, Ranga Reddy District.

3. Smt.Ch.Anitha Reddy, D/o.Late Sri Ch.Janardhan Reddy,


R/o. Villa No.272, Srisailam Highway,
BTR Mak Projects, Communal in S.A Palm Meadows,
Kompally, Ranga Reddy District.
… Proposed Petitioners /
Plaintiff.
4. Splendid Aparna Projects Pvt.Ltd,
Represented by its Managing Director,
P.Kiran Raju, S/o.P.R.G Raju,
Aged about 41 years, Occ:Business,
R/o. Plot No.476/A, Road No.21,
Jubilee Hills, Hyderabad. … Respondent /
Defendants
(Contd…2…
:: 2 ::
5. S.A.Pal eadows Community Welfare Society,
Palm Meadows, Rep.by its president DRSP Raju,
Kompally, Quthbullapur Mandal, R.R.District.

6. Metropolitan Commissioner, HMDA,


District Commercial Complex,
Administrative L Block, Tarnaka, Hyderabad.

7. Ch.Vinay Kumar Reddy, S/o.Late Sri Ch.Janardhan Reddy,


Aged about 48 years, Occ: Business, R/o. Flat No.101
H.No.35-52, Vivekanadapuram, Near Bhavans School,
Sainikpuri, Malakajgiri, Hyderabad-500094.

… Proposed Respondent /
Defendant No.5.

(Respondent No.2 and 3 are not necessary parties to this Petition)

PETITION FILED UNDER ORDER IX RULE 7


R/W.SECTION 151 OF C.P.C

For the reasons stated in the accompanying affidavit, it is therefore, prayed that this
Hon'ble Court may be pleased to set-aside the exparte order dated 19.08.2015
passed against me by accepting my Written Statement and pass such other order or
orders as this Hon'ble Court may deem fit and proper in the circumstances of the
case.

Hyderabad.

Dated: 28 -04-2022 COUNSEL FOR THE PETITIONER.


IN THE COURT OF THE HON’BLE
SENIOR CIVIL JUDGE
RANGA REDDY DISTRICT
AT : MEDCHAL

I.A. No. of 2021


In
O.S.No.333 of 2015

Between:
Ch. Janardhan Reddy (died per L.R.s)
and others
… Petitioners
And

Splendid Aparna Projects Pvt. Ltd


and others
… Defendants

PETITION FILED UNDER ORDER


IX RULE 7 R/W.
SECTION 151 OF C.P.C

Filed on : - -2021.

Filed by :

M/s. M.V. DURGA PRASAD


K. SRINIVASA RAO
Advocates

COUNSEL FOR THE PETITIONER

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