R. RADHA D/O. B. RAMACHANDRA REDDY W/O. SRI. N. LAXMAN REDDY Vs. SRI. R. SRINIVASAMURTHY @ R. SAI SRINIVASMURTHY

JUDGEMENT

(1.) IN this case, the petitioner -plaintiff has called in question the validity of the order on I.A. No. 2 dated 4.2.2012 in Misc. No. 276/2011 on the file of the 43rd Additional City Civil and Sessions Judge, Bangalore. The plaintiff filed a suit in O.S. No. 9308/2004 against the respondent -defendants for partition and separate possession of the suit schedule property. The said suit was decreed exparte as against the 1st respondent on 19.3.2010. The 1st respondent filed the above application for setting aside the exparte decree under Order 9 Rule 1');">13 of CPC and also filed an application I.A. 2 for stay of the final decree proceedings initiated by the petitioner herein pursuant to the judgment and decree in O.S. No. 9308/2004 dated 19.3.2010. The Court below has allowed the said application.

(2.) HAVING heard the learned counsel for the petitioner, I do not find any merit in this case. As noticed above, the suit was decreed exparte in so far as the 1st respondent is concerned. That is why the lst respondent has filed an application under Order 9 Rule 1');">13 of the CPC to set aside the said decree and permit him to contest the suit. The suit is for partition and separate possession of the schedule property. Pursuant to the judgment and decree referred to above, the petitioner herein has filed the final decree proceedings. The Court below, on proper consideration of the facts and circumstances of the case, has granted stay of the further proceedings O.S. No. 9308/2004. The writ petition is devoid of merits and it is accordingly dismissed. The Court below is directed to dispose of Misc. No. 276/2011 on its merits as expeditiously as possible. No costs.