HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.96 of 2020

JUDGEMENT:

The Civil Revision Petition is filed questioning the order dated 22.07.2019 passed in IA.No.1369 of 2017 in OS.No.87 of 2013 by the Prl.District Judge, Mahabubnagar, whereby and whereunder the application filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 1017 days in filing the application to set aside the ex-parte decree, was dismissed.

2. Heard M.Harshila, learned counsel representing Sri G.Tirupathi Reddy, learned counsel on record for the petitioner and Ms.P.Bhavana Rao, learned counsel for respondent No.2. The petitioner herein is defendant No.1, the Respondent Nos.1 to 6 are plaintiffs, and Respondent No.7 is defendant No.2 in the suit. 3. The factual matrix of the case in nut-shell, are that respondent Nos.1 to 6/plaintiffs, have filed OS.No.87 of 2013 on the file of Prl.District Judge at Mahabubnagar, for partition of suit schedule property against the petitioner/Defendant No.1 and respondent No.7/Defendant No.2. The petitioner on receipt of summons initially appeared in the suit, however, did not pursue the matter and was ultimately, set ex-parte.