HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI C.R.P.No.1174 OF 2025

ORDER:

Aggrieved by the order dated 23.12.2024 passed in I.A..No.412 of 2024 in O.S.No.184 of 2015 by the III Additional Chief Judge, City Civil Court, Hyderabad, the present civil revision petition has been filed.

2. Heard Ms. Samhitha Nimmala, learned counsel representing Sri Vivek Jain, learned counsel appearing for the petitioners. None appears for the respondents.

3. Learned counsel appearing for the petitioners had contended that the petitioners-plaintiffs have filed O.S.No.184 of 2015 for partition against the family members and the 1st respondent-defendant(father). During pendency of the said suit, their father i.e., 1st respondent-defendant expired on 02.09.2020. Thereafter, the petitioners have filed petition under Section 5 of the Limitation Act read with Section 151 CPC seeking to condone the delay of 1106 days in filing petition to set aside abatement of suit against the 1st respondent-defendant. Without appreciating any of vide the contentions raised by the petitioners, the trial Court order

23.12.2024 dismissed the said application.

4. Learned counsel had further contended that legal representatives of the 1st respondent-defendant are already on record and they are arrayed as parties in the suit and the petitioners may be permitted to file a Memo to that effect. Therefore, appropriate orders be passed in the revision by setting aside the order passed by the trial Court.

5. Having considered the said submissions, this Court is of the view that since the legal representatives of the 1st respondent- defendant are already on record and they are arrayed as parties in the suit, the petitioners ought to have filed a Memo instead of filing an application seeking to condone the delay of 1106 days in filing petition to set aside abatement of suit against the 1st respondent-

defendant.

6. Accordingly, the Civil Revision Petition is allowed by setting aside the order dated 23.12.2024 passed in I.A.No.412 of 2024 in O.S.No.184 of 2015. The petitioners are permitted to file a Memo by bringing to the notice of the trial Court that the legal representatives of the 1st respondent-defendant are already on record. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 11.07.2025

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