and

decree

dated

01.10.2010

in

O.S.No.3774/2008.

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This MFA coming on for final hearing this day,

the Court delivered the following:

JUDGMENT

This appeal is by the respondent in Misc. No.

290/2011 on the file of V Additional City Civil

Judge (CCH-13), Bengaluru City. The events

giving rise to this appeal are as follows : -

2.

The

respondent

herein

filed

a

suit

O.S.3774/2008

before

the

City

Civil

Judge,

Bengaluru, against the appellant for partition and

separate possession of the property bearing No.

334, site No.46, situated at 3^rd Cross, Parvathi

Nagar, Laggere Main Road, Yeshwanthapura Hobli,

Bengaluru-560 058. In the said suit, the appellant

was the third defendant, the first and second

defendants being the mother and sister of the

appellant. The respondent is also another sister of

the appellant. Since nobody contested the suit, it

was decreed ex-parte on 1.3.2010. The appellant

thereafter filed a petition under Order IX Rule 13

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CPC seeking to set aside the ex-parte judgment.

Since the trial court dismissed the said petition by

its order dated 29.6.2013, the appellant has

approached this court.

3. Heard Sri Ramachandra G Bhat, learned

counsel for the ap