HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.368 of 2024

ORDER:

This Civil Revision Petition is filed assailing Order dated

21.12.2023 in I.A.No.2266 of 2023 in O.S.No.111 of 2010, passed by the XXVI Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereby the application filed by the petitioner under Order VI Rule 17 of CPC r/w Rule 28 of Civil Rules of Practice was dismissed.

2. Heard Sri N.Ashok Kumar, learned Counsel for the petitioner and Sri A.Srinivas Goud, learned Counsel for respondent Nos.1 to 3.

3. Petitioner herein is defendant No.2, respondent Nos.1 to 3 are plaintiffs and respondent No.4 is defendant No.1 in the suit.

4. Brief facts of the case which led to filing of the present revision petition are that respondent Nos.1 to 3 filed a suit vide O.S.No.111 of 2010, against the petitioner and respondent No.4 for partition and separate possession of the suit schedule property and the said suit was dismissed for default on 22.02.2018; that respondent Nos.1 to 3 filed an application vide I.A.No.635 of 2018 for restoration of the suit and the same was allowed and suit was restored on 31.01.2023; that after restoration of the suit, e