THE HON’BLE JUSTICE GADI PRAVEEN KUMAR C.M.A. No.541 of 2023

JUDGMENT:

Heard Sri Dr.P.Bhaskar Mohan, learned counsel for the appellants and Ms.C.Jyotsna Devi, learned counsel appearing for the respondents, and perused the record.

2. The present CMA is filed assailing the order dated 02.08.2023 passed by the learned IX Additional District Judge, Ranga Reddy District at L.B. Nagar in I.A.No.151 of 2022 (Old I.A.No.359 of 2020) in O.S.No.3 of 2015, which is filed under Order IX Rule 13 CPC and a consequential direction to set aside the ex-parte decree dated 30.11.2017.

3. The appellants herein and the petitioners in I.A. are defendants in the suit filed by the respondents/plaintiffs for partition and separate possession of the suit schedule properties.

4. The facts leading to the filing of I.A.No.151 of 2022 are that during pendency of suit O.S.No.3 of 2015, as the appellants herein failed to appear before the Court despite being served with summons through appellant No.1, they were set ex-parte on 04.06.2015. On 22.07.2015, P.W.1 was partly examined and Exs.A-1 to A-7 were marked. On

14.10.2015 P.W.1 was further examined in chief and Exs.A-8 and A-9 were marked. On 13.11.2015, chief affi