APHC010450332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3206]

(Special Original Jurisdiction)

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2418/2024 Between:

Nuthalapati Srinivasa Rao ...PETITIONER AND Namburu Sudha Rani and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. NUTHALAPATI MOHAN Counsel for the Respondent(S):

1.

The Court made the following order:

The petitioner herein had filed O.S.No.23 of 2023, before the IV Additional Senior Civil Judge (Senior Division), Guntur, for partition of the suit schedule property against the four defendants. The 3^rd defendants had been set ex parte by an Order, dated 23.06.2023. Thereafter, the 3^rd defendant, who is the 1^st respondent herein, had moved an I.A.No.502 of 2023 under Order 9 Rule 7 of the Civil Procedure Code, 1908, for setting aside the ex parte Order, dated 23.06.2023. This application was contested by the petitioner herein on the ground that, the application for setting aside ex parte order is not bonafide and the applicant/3^rd respondent herein, has been misusing the lenience of the Court.

2. The petitioner contende