SIDDALINGAWWA Vs. SIDDAPPA @ SIDDANAGOUDA

JUDGEMENT

(1.) Notice to be issued to respondent Nos.4 and 5 is dispensed with, as they remained ex-parte before the Senior Civil Judge in Civil Misc. Appeal No.7/2008 and not contested the application filed by the plaintiffs under sections 152 and 153 of CPC.

(2.) Heard the learned counsel for the petitioners and also learned counsel for respondent No.1 and 3. Respondent No.2 though served with notice remained absent. The counsel for respondent Nos.1 and 3 has no objection to allow the petition.

(3.) The petitioner has filed this petition calling in question the order passed in Civil Misc. Appeal No.7/2008, dated 02.06.2014 filed under section 152 and 153 of CPC. It was rejected by the trial Court vide order dated 02.06.2014. It appears after passing of the decree in O.S.No.129/1994, the plaintiffs/petitioners herein have filed an application in the FDP petition in Civil Misc. Application No.7/2008. During the FDP proceedings, the plaintiff found some clerical mistakes in the judgment and decree and also in the plaint in O.S.No.129/1994. Therefore, they have filed Civil Misc. Application in No.7/2008 and the decree holders have sought for adjourning the FDP till the final disposal of that Miscellaneous Application.