The petitioners are before this Court seeking for the

following reliefs:

to quash the order dated:17.10.2015 passed on i.a.no.i and ii

in r.a.no.83/2013 by the learned ii additional district and

sessions judge, bagalkot, as per annexure-j herein and

thereby dismissing the said i.a.no.i and ii and consequently

dismiss the said r.a.no.83/2013 filed by the respondents

no.1to 6 herein, by allowing this writ petition.

The petitioners were the original plaintiff Nos.2 and

legal representatives of original plaintiff Nos.1, 3, 4

and defendant Nos.2 and 3. A suit for partition and

separate

possession

had

been

filed

in

O.S.No.103/1996

before

the

Prl.

Civil

Judge,

Bagalkot. In the said suit on the summons being

issued by way of registered post acknowledgement

due, the postal cover was returned with an

endorsement refused. Hence, defendant No.1 was

placed exparte and the matter proceeded for trial

and a decree passed. Subsequently, on final decree

proceedings being filed, the legal representatives of

defendant No.1 claiming that they came to know

- 7 -

about the same at that time, filed a regular appeal in

R.A.No.83/2013 challenging the said decree.

The delay of 16 years 4 months in preferrin