KARAVALI HOUSING Vs. SABITHA

JUDGEMENT

(1.) The 18th respondent/subsequent purchaser filed the present revision petition against the order dated 02.11.2017 made in Misc.Case.No.6/2015 allowing the miscellaneous petition filed under Order IX Rules 9 and 13 r/w Section 151 of Code of Civil Procedure imposing cost of Rs.2,000/- and restore O.S.No.173/2005 which was dismissed for default.

(2.) Originally one Mr.M.Narnappa Sanil filed O.S.No.173/2005 before the trial Court for partition and separate possession in respect of suit schedule properties morefully described in the schedule to the plaint as item Nos.1 to 8 contending that the plaintiffs and defendants are members of the joint family and suit schedule properties are joint family properties and there was no partition in the joint family. Therefore, he filed the suit. The contesting defendants filed written statement and denied the plaint averments but did not dispute the relationship of the parties and properties are joint family properties and sought for dismissal of the suit.

(3.) When the matter was posted for crossexamination of PW.1, on 07.01.2015, the trial Court dismissed the suit for default on the ground inspite of granting sufficient opportunity, PW.1 has not come forward to offer cross-examination. Therefore, the respondent Nos.1 to 5, who are the plaintiffs filed Misc.Case.No.6/2015 on 202.2015 within the time under the provisions of Order IX Rules 9 and 13 r/w Section 151 of Code of Civil Procedure. The miscellaneous petition was contested only by the 18th respondent i.e., the present petitioner and the other parties to the suit have not filed any objections.