JUDGMENT

M. Ganga Rao, J. - The petitioner is the defendant filed this Civil Revision Petition under Article 227 of the Constitution of India against the order dated 13-08-2019 in I.A.No.1050 of 2017 in O.S.No.236 of 2007 passed by the Additional Senior Civil Judge, Kadapa, whereby the petition filed under Section 5 of the Limitation Act to condone the delay of 541 days in filing the petition to set aside the ex parte decree dated 04.01.2016 is dismissed.

2. The respondents/plaintiffs filed the suit for partition and separate possession of 1/3rd share each of the plaintiffs 1 and 2 in the suit schedule property and for costs. The trial Court, after filing the written statement filed by the petitioner-defendant and after conducting trial based on the evidence of PWs.1 and 2, decreed the suit on 04.01.2016 and passed a preliminary decree in favour of the plaintiffs. Thereafter, the petitioner-defendant filed an application seeking to set aside the ex parte decree dated 04.01.2016. Since there was delay in filing the said application, the petitioner-defendant filed I.A.No.1050 of 2017 under Section 5 of the Limitation Act to condone the delay of 541 days in filing the application to se