V LINGA REDDY Vs. V RAM REDDY

JUDGEMENT

(1.) The Revision Petitioners are the Plaintiffs in O.S. No. 7 of 1993 on the file of the Court of the Junior Civil Judge, Ibrahimpatnam, R.R. District. The suit was filed for declaration of title in respect of the plaint D-schedule property as well as for perpetual injunction. On receipt of suit summons, appearance was entered on behalf of the Defendants on 3.3.1993. However as they failed to file the written statement, the Defendants were set ex parte on 9.2.1994 and thereafter by judgment dated 23.08.1995, the suit was decreed as prayed for with costs. Long thereafter, the Respondents herein, who are the Defendants and the legal representatives of some of the deceased Defendants, filed I.A. No. 413 of 2009 under Order 9 Rule 13 of Code of Civil Procedure to set aside the ex parte decree, dated 23.08.1995. They also filed I.A. No. 412 of 2009 under Section 5 of the Limitation Act, 1963 to condone the delay of 5082 days in filing the application under Order 9 Rule 13 of Code of Civil Procedure After hearing both the parties, the Court below by order dated 27.04.2011 allowed both I.A. Nos. 412 & 413 of 2009 subject to payment of costs of Rs. 3,000/-.

(2.) Aggrieved by the said common order, dated 27.04.2011, the present Civil Revision Petition is filed by the Plaintiffs.

(3.) have heard the learned Counsel for both the parties and perused the material available on record.