MANAM SATYAVATHI Vs. THOTA NAARAYYA

JUDGEMENT

(1.) This appeal is filed against the order dated 11.06.2002 in I.A.No.684 of 2001 in O.S.No.114 of 1976 on the file of Principal Senior Civil Judge, Chittoor.

(2.) Respondents 1 and 2 obtained a preliminary decree for partition and filed a petition in I.A.No.450 of 1998 for final decree. In the said application, after contest by the appellants herein and others, the trial court appointed a Court Commissioner to divide suit properties by metes and bounds as per the terms of the preliminary decree. The Commissioner filed his report before the trial court. Thereafter the trial court posted the petition for filing of the objections by the parties to the petition. Respondents herein filed their own objections. Further time was granted for the appellants herein to file their own objections, if any, to the Commissioner's report. The date was fixed for filing the objections as 8.11.2001. On 8.11.2001 the objections were not filed by them. On that day, their counsel reported no instructions. The trial court set the appellants herein and some other person ex parte. On 9.11.2001 the trial court heard the final decree petition and passed orders. The appellants herein, who are the defendants 2, 3 and 7 filed the petition under Order IX Rule 13 C.P.C., in I.A.No.684 of 2001 requesting the trial court to set aside the final decree passed in I.A.No.450 of 1998. After hearing both the parties, the trial court dismissed the said application by order dated 11.6.2002. Aggrieved by that order, the appellants filed the present appeal.

(3.) At the time of admission itself, the respondents appeared before this court through their Advocate. Therefore, this court heard the appeal itself at the time of admission.