C.V.RAMULU
Akati Balrajavva – Appellant
Versus
State of A. P. , through District Collector, Nizamabad District – Respondent
This Civil Revision Petition under Article 227 of the Constitution of India is directed against an Order dated 8-3-2006 made in I.A.No.2 of 2006 in O.S.No.45 of 1999 on the file of the learned Additional Junior Civil Judge, Kamareddy.
2. Petitioner is the plaintiff. Respondents are defendants. Petitioner laid the above suit for declaration of title over the suit schedule property and for permanent injunction. In spite of granting several opportunities, respondents have not filed their written statement. Therefore, their right to file written statement was forfeited by the Court below in the year 1997. However, thereafter, the 3rd respondent-defendant participated in the suit proceedings and cross-examined the witnesses of the petitioner-plaintiff. Later, the present I.A.No.2 of 2006 is filed by the petitioner-plaintiff praying the Court to close the evidence of defendants, since their right to file the written statement was forfeited. Respondent No.3 herein filed a counter stating that the defendants were set ex parte in the suit and thereafter the Court below dismissed the suit; upon which, the petitioner-plaintiff preferred an appeal before the learned District Judge, Nizamab
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