PADIGI PEDDA RANGA REDDY Vs. PADIGI SREERAMI REDDY

JUDGEMENT

(1.) Defendant Nos.4, 9, 12, 15 and 16 in O.S.No.128 of 2014 on the file of the Court of the Senior Civil Judge, Penukonda, Ananthapur District, are the petitioners in the present Revision. This Revision assails the order dated 09.03.2016 passed by the said Court in I.A.No.350 of 2015.

(2.) Heard Sri N.Ranga Reddy, learned counsel, appearing for the petitioners and Sri N.Chandra Sekhar Reddy, learned counsel, appearing for the respondents.

(3.) Respondents herein instituted O.S.No.128 of 2014 on the file of the Court of the Senior Civil Judge, Penugonda, for partition and separate possession. In the said suit, the learned Senior Civil Judge passed an ex parte judgment and decree dated 02.02.2015. Praying to set aside the said ex parte decree, the petitioners herein filed an application under Order 9 Rule 13 of the CPC. Along with the said application, they also filed I.A.No.350 of 2015 under the provisions of Section 5 of the Limitation Act seeking condonation of delay of 101 days in filing application under Order 9 Rule 13 of the CPC. The said petition was contested by the plaintiffs by filing a counter. The learned Senior Civil Judge, by way of an order dated 09.03.2016, dismissed the said application. Calling in question the validity and legal sustainability of the said order, the present Revision has been filed.