CHENNURU RAMAKRISHNA REDDY Vs. THOTAKURA CHINA VEERAMMA

JUDGEMENT

(1.) These three Civil Revision Petitions arise out of a single suit between the same parties. Hence, they are heard and being disposed of together. For the purpose of convenience and to avoid ambiguity in the discussion, the parties are referred to hereinafter as they were arrayed in the suit.

(2.) The petitioners are the plaintiffs in O.S.No. 5 of 2005 on the file of the learned I Additional District Judge, Kadapa, filed for declaration of title and perpetual injunction. Originally, the suit was filed against defendant Nos. 1 to 10. Defendant Nos. 1 to 9 remained ex parte. Defendant No. 10 alone filed its written statement. The plaintiffs filed their rejoinder on 18.10.2005. On contest by defendant No. 10, the said suit was decreed by the trial Court on 27.02.2006. Questioning the said judgment and decree, defendant No. 10 filed A.S.No. 370 of 2006 before this Court which is stated to be pending. Later, defendant Nos. 1 to 9 filed I.A.No. 437 of 2006 to set aside the order setting them ex parte and also consequently to set aside the decree as a whole. The said application was allowed by the lower Court on 19.09.2007. Subsequently, defendant Nos. 11 to 14 filed I.A.No. 902 of 2008 for their impleadment in the suit. The said application was allowed by the lower Court by order, dated 25.09.2008. The plaintiffs have, accordingly, filed the amended plaint to the extent of the cause title only.

(3.) After his impleadment, defendant No. 11 has filed his written statement. A perusal of the docket proceedings sent by the lower Court would show that on 18.01.2008 the plaintiffs filed the neat copy of the plaint and since then the case was being adjourned from time to time for filing of written statement of defendant Nos. 1 to 9 and 11 and for filing of additional written statement of defendant No. 10. As the docket proceeding ended with 20.03.2009 only, it does not contain the date on which the additional written statement was filed by defendant No. 10. The learned counsel for the plaintiffs has stated that the additional written statement was filed by defendant No. 10 on 06.10.2009.