DURGAPPA BASAVANNI PATIL Vs. RAMESH PATREPPA PATIL

JUDGEMENT

(1.) This petition by defendants No.3 to 6 in OS No.24/2015 on the file of learned Civil Judge and JMFC, Hukkeri, is directed against the impugned order dtd. 29/7/2016 passed on IA No.6, whereby the said application filed by the petitioners/defendants No.3 to 6 under Order IX Rule 7 of CPC seeking setting aside the order dtd. 23/2/2015 placing them exparte and permission to contest the suit was rejected by the trial Court.

(2.) Heard the learned counsel for the petitioners and learned counsel for respondent No.1 and perused the material on record.

(3.) The material on record discloses that respondents No.1 and 2/plaintiffs instituted the aforesaid suit against the petitioners/defendants No.3 to 6 and respondents No.3 and 4/defendants 1 and 2 for partition and separate possession of the alleged share in the suit schedule immovable properties. Pursuant to the Court notice being issued by the trial Court, the petitioners did not appear nor contested the suit, as a result of which, the trial Court proceeded to pass the order dtd. 23/2/2015 placing them exparte. Subsequently, the petitioners filed instant application IA No.6 under Order IX Rule 7 of CPC requesting to set-aside the exparte order. The said application having been opposed by the plaintiffs, the trial Court proceeded to pass the impugned order rejecting IA No.6. Aggrieved by the same, the petitioners are before this Court by way of present petition.