HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.104 of 2020

JUDGEMENT:

The Civil Revision Petition is filed questioning the order dated 22.07.2019 passed in IA.No.1370 of 2017 in OS.No.90 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 1016 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 the defendant and the Respondent Nos.1 to 6 are plaintiffs 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.90 of 2013 on the file of Prl.District Judge at Mahabubnagar, for partition of suit schedule property against the petitioner/Defendant. The petitioner on receipt of summons initially appeared in the suit, however, did not pursue the matter and was ultimately, set ex- parte. Consequently ex-parte decree was passed by the trial Court vide order date