THE HON’BLE SHRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NOS.
3793, 3795, 3796,3797, 3798, 3799, 3800 AND 3839 OF 2014 DATED 21ST NOVEMBER, 2014 Between:
M. Srikanth Reddy … Petitioner And M/s. Kapil Chit Funds Private Limited and others … Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NOS.
3793, 3795, 3796,3797, 3798, 3799, 3800 AND 3839 OF 2014 C O M M O N O R D E R The petitioners in this batch of cases were the defendants in O.S. No.44 of 2011 on the file of the learned Senior Civil Judge, Jangaon, Warangal District. They suffered an ex parte judgment and decree dated 30.01.2012 therein. Their attempt to have the said judgment and decree set aside was permitted by the trial Court by its order dated 27.08.2014 subject to the condition that they should deposit certain amounts. However, they failed to do so. Taking note of this failure, the trial Court dismissed their I.As. for non-compliance with the conditional order dated 27.08.2014. Aggrieved thereby, they are before this Court.
Despite service of notice, the respondent chit fund company has not chosen to enter appearance before this Court.
No doubt, as rightly pointed out by the trial Court, the petitioners are guilty of lack of diligence in complying with the conditions imposed. However, as the petitioners would be visited with onerous financial obligations pursuant to the ex parte judgment and decree, it is necessary in the interests of justice that they be given an opportunity of hearing in the suit proceedings. Taking a lenient view in the matter, this Court therefore extends the time to comply with the conditional order dated 27.08.2014 by a further period of two weeks from today. In the event the petitioners comply with the said order within the time stipulated above, the trial Court shall give them the benefit of its order dated 27.08.2014 and permit them to contest the suit proceedings.
The civil revision petitions are allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
21ST NOVEMBER, 2014
PGS
------------------------------------- SANJAY KUMAR, J THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25333 OF 2004 DATED 14TH NOVEMBER, 2014