HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION NO.2570 OF 2023

ORDER:

This Civil Revision Petition is filed assailing the order dated

13.06.2023 in I.A.No.221 of 2021 in O.S.No.60 of 2014 passed by the Senior Civil Judge at Shadnagar.

2. Heard Sri Bethi Venkateshwarlu, learned counsel for petitioners and Sri Shaik Khaja Pasha, learned counsel appearing for respondent Nos.2 to 5 and 9.

3. The petitioners herein are the plaintiffs and the respondents herein are the defendants before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

4. Brief facts relevant for adjudication of the present Civil Revision Petition are that plaintiffs filed suit for partition and delivery of possession in respect of the land admeasuring Acs.12.12 guntas in Sy.No.357 of Alwal village and Acs.11.17 guntas in Sy.No.365 of Keshampet village; that one late Abdul Kareem has got two wives, i.e., Jainabbi is the first wife and Burahan Bee is the second wife.

5. It is averred that plaintiffs are the legal heirs of late Khaja Bee, who is the daughter of Buran Bee, who is the second wife of Abdul Kareem; that Abdul Raheem is the son of first wife of Jainabbi; that name of the Abdul Raheem was recorded in all the revenue records as exclusive owner of suit lands; that during the life time of Abdul Raheem, he declared Hiba orally in favour of his step sister Burhan Bee and her daughter late Khaja Bee to give half share in the suit lands and subsequently, through written document dated 15.02.1995 assured and agreed to give half share in the suit lands as per Hiba made by the original pattadar Abdul Raheem; that the defendants used to pay food grains to the plaintiffs whenever demanded by getting the suit lands cultivate through others; that on account of increase in rates of lands, the defendants are proposing to sell the suit lands. Hence, the suit.

6. It is further averred that initially, the plaintiffs filed a suit in O.S.No.101 of 2007 on the file of Addl. Senior Civil Judge at Mahabubnagar for partition of the suit lands; that defendants entered appearance and filed written statement; that after framing of issues, trial commenced and P.W.1 was examined in chief and Exs.A1 to A7 were marked and matter was adjourned to 07.11.2013 for his cross- examination and thereafter, the matter was adjourned for further evidence; that on administrative grounds, said suit was transferred to the court of Senior Civil Judge at Shadnagar on 11.04.2014 and the suit was renumbered as O.S.No.60 of 2014.

7. It is further averred that during the pendency of the suit, plaintiff No.2 died on 07.02.2015 and since there are no male persons in their family, they could not prosecute the suit and thereafter, plaintiff No.1 also died on 09.03.2015; that during October, 2021, through some of their relatives, the plaintiffs have learnt that about pendency of the suit before the court; that immediately, they approached the Court and enquired in the section and they were informed that the above suit was dismissed for default on 14.09.2015 itself. It is averred that plaintiffs are not aware of the above said suit or its dismissal on 14.09.2015 and nor they were informed by the Advocate on record and that immediately, after knowing the dismissal of the suit for default, they approached the vide Court by filing an application I.A.No.221 of 2021 for condonation of 2237 days in filing the application for restoration of the suit. The trial Court vide order dated 13.06.2023, dismissed the said application.

Aggrieved thereby, the present Revision Petition is filed.

8. Learned counsel for the petitioners/plaintiffs contended that due to the death of the plaintiff Nos.1 and 2 and since no male persons were there in the family of the plaintiffs, they could not approach the trial Court and even their counsel did not inform about dismissal of the suit for default and immediately, after knowing the same, they approached the court by filing