COLLECTOR HYDERABAD DIST Vs. T SHIVALINGAM

JUDGEMENT

(1.) The defendants are the petitioners herein who are aggrieved against the orders in I.A. No.834 of 1999 in O.S. No.336 of 1996 dated 14-7-1999 on the file of the I Junior Civil Judge, City Civil Court, Secunderabad dismissing the application filed under Section 5 of the Limitation Act seeking condonation of delay of 414 days in filing the application to set aside an ex pane decree passed in the suit.

(2.) The respondent herein has filed the suit against the petitioners herein seeking damages for the illegal demolition of their house and also preventing reconstruction of the same. Subsequent to the service of summons, the petitioners appeared through the Assistant Government Pleader on 6-11-1996. However, no written statement was filed in spite of ordering costs, which also were not paid. Hence the petitioners were set ex pane on 3-12-1997. It is pointed out that a representation was made by the Assistant Government Pleader that he is not in the habit of paying costs from his pocket. Therefore, the Court sought to proceed to set the petitioners ex pane. Later, the respondent-decreeholder has filed execution petition in E.P. No.177 of 1998, the notice of which was duly served on the petitioners on 6-12-1998. Now an application is filed seeking to set aside the ex pane decree along with the present application seeking condonation of delay on 19-2-1999. The only reason shown in the affidavit filed in support of the application is that they were not aware of the proceedings.

(3.) On contest, the Court below refused to accede to the reason as shown by the petitioners. Hence dismissed the application.