ORDER :

The defendants are the petitioners. The suit in OS No.438 of 2011 was filed by the respondent, who is the daughter of the first petitioner and sister of the second petitioner, seeking partition and separate possession of her 1/3rd share in the suit properties.

2. The same was resisted by the defendants/petitioners herein, contending that the properties are not joint family properties, therefore the plaintiff/respondent has no right to seek partition during the lifetime of the first defendant. It was also contended that the plaintiff has orally relinquished her rights to three items of properties. The suit came to be decreed ex-parte on 15.12.2014. The defendants came up with instant application in IA No.369 of 2017, seeking condonation of delay of 239 days in setting aside the ex-parte decree. The reason assigned for the delay is that close relatives had advised the respondent to withdraw the suit and settle the dispute. It is also claimed that the respondent had agreed to such a course and she maintained the very cordial relationship with the defendant till the end of August 2015.

3. The petitioners would further plead that only on 01.09.2015 when the respondent had proclaime