CMA/603/2024 of Karri Narsi Reddy, Vs Penkey Peda Satyam @ Satyam,

APHC010387252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL MISCELLANEOUS APPEAL NO: 603/2024 Between: Karri Narsi Reddy, ...APPELLANT AND Penkey Peda Satyam Satyam and Others ...RESPONDENT(S) Counsel for the Appellant: 1. K.P.S. SAILESH REDDY Counsel for the Respondent(S): 1. The Court made the following: 2 CMA.No.603 of 2024 JUDGMENT: This appeal is filed under Order XLIII, rule 1 CPC against the order dated 28.06.2024 in I.A.No.1278/2019 in O.S.No.229/2014 on the file of the Court of the IV Additional District Judge, Kakinada, filed under Order IX, rule 9 CPC by the plaintiff to set aside the order of dismissal of the suit on 06.09.2019 for default. 02. The plaintiff filed the suit for recovery of amount on the foot of mortgage. The plaintiff was examined as PW.1 and attestor was examined as PW.2. The affidavit of the 1st defendant was filed as DW.1. 03. On the petition of the defendants, PWs.1 & 2 were recalled by order dated 31.07.2019 directing them to appear on 09.08.2018. From then onwards, the suit was adjo