M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS revision petition is by the petitioners in MC. No. 26/84 on the file of the Munsiff at Kudligi. Prior to the filing of the above petition before the Munsiff's court, they were defendants 1 and 2 in o. S No. 230/1981 on the file of the said court. The said 0 S. was filed by Mulimani Shanmukappa seeking partition of suit schedule properties on the ground that they were ancestrol properties and belong to the undivided joint Hindu family of the petitioners and the defendants. By a memo filed on 12-7-1984 to the effect that the suit may be dismissed as not pressed, the suit came to be dismissed by an order passed on 13-7-1984. Sometime thereafter the aforementioned miscellaneous petition was filed by defendants 1 and 2 seeking to recall the order of dismissal and restore the suit to file. That was accompanied by an application under Sec. 5 of the Limitation act as there was 65 days delay in presenting that miscellaneous petition. The learned Munsiff after examining the reasons given for condoning the delay came to the conclusion that the delay was not properly explained and therefore refused to condone the delay. In the result, the miscellaneous petit

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