LATE KENCHAIAH Vs. CHANDRAIAH

JUDGEMENT

(1.) The defendant filed the present Civil Revision Petition against the Order dated 16th December 2014 made in Misc. Appeal No.30/2013 on the file of the I Addl. Senior Civil Judge, Chikkamagalur, dismissing C.Mis.No.22/2012 on the file of Civil Judge, Chikkamagalur, to set aside the exparte decree made in O.S.No.104/2001.

(2.) The respondent who is the plaintiff before the Trial Court in O.S.No.104/2001 filed a suit for partition and separate possession of properties contending that the plaintiff and defendants are cousin brothers. The father of the plaintiff and father of defendant were brothers. During their life-time, they lived together and jointly cultivated the suit schedule property and had possession over the same. Therefore, they sought for partition of the schedule property.

(3.) The present petitioner who was the defendant in the said suit was placed exparte, holding that in spite of service of summons, the petitioner did not contest the claim. On the basis of the pleadings and evidence of P.W.1, suit came to be decreed on 18.03.2003, holding that the plaintiff is entitled for possession of half share in the suit schedule property and also for mesne profits. Against the said exparte Judgment, the present petitioner filed Civil Misc. to set aside the exparte Judgment made in O.S.No.104/2001. The said Misc. Petition came to be dismissed on the ground of delay and laches. Against the said Order, the present petitioner filed Misc. Appeal No.06/2010 before the Addl. Senior Civil Judge, Chikkamgalur, who, after hearing both the parties, by an Order dated 9th August 2012, allowed the appeal and set aside the Order dated 30.01.2010 passed on I.A.I and allowed the application for limitation with costs of Rs.1,000/- and Misc. Petition was remitted to the Trial Court for fresh adjudication on merits.