L. NARASIMHA REDDY, J.

( 1 ) DEFENDANTS in O. S. No. 202 of 1991 on the file of Junior Civil Judge, mahabubnagar are the petitioners herein. An application filed by them to condone the delay in presenting a petition under Order 9 rule 13 C. P. C. was dismissed by the Trial court. Hence this revision.

( 2 ) THE respondent tiled the suit for the relief of partition and separate possession of the suit schedule properties, in the year 1991. The father of the petitioners viz. , balappa and the father of the respondents viz. , Chandrappa are brothers. The petitioners filed their written statement. They pleaded that the suit schedule property is their self-acquisition and that a partition has already taken place between Balappa and Chandrappa, in relation to joint family properties. Initially, the suit was dismissed for default on 29. 1. 1997. It was restored on 13. 11. 1998. Soon thereafter, an ex parte preliminary decree was passed on 25. 11. 1998.

( 3 ) PETITIONERS filed an application under order 9 Rule 13 C. P. C. to set aside the ex parte preliminary decree dated 25. 11. 1998. Since there was delay in submitting the same, they filed IA No. 835 of 2003 under section 5 of the Limitatio

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