NEELAVVA URF NAGAVVA Vs. MALATI W/O BASAVANNEPPA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THE petitioner has challenged the order dated 16.10.2012 passed by the Court below, whereby her application under Order IX rule 7 of C.P.C. has been allowed. By this application, the petitioner sought to challenge the order dated 28.05.2003, by which she was placed exparte. She is one of the defendants in a suit for partition. The suit is of 2003. This Court is informed that the suit has reached the stage of recording evidence of the defendants. While allowing the application, the Court below, in the impugned order permitted the petitioner to take part in further proceedings making it clear that she will not be entitled to reopen the earlier proceedings. The suit is for partition and separate possession of the joint family properties. In the suit there are five plaintiffs and 23 defendants and they are all members of one and the same family. Keeping that in view and considering the nature of reliefs sought in the suit, I do not find anything wrong in the order.