VELPULA RAMACHANDRAIAH Vs. PULAPATTURU VENKATRAMANA

JUDGEMENT

(1.) The petitioner/defendant No.3 filed the present Revision Petition, challenging the Order dtd. 8/7/2025 passed in I.A.No.304 of 2018 in O.S.No.77 of 2011 by the learned Senior Civil Judge, Rayachoty (hereinafter referred to, as "the Trial Court'), whereby and whereunder, petition filed by the Revision Petitioner/defendant No.3 under Sec. 5 of the Limitation Act, 1963 (for brevity "the Act, 1963") read with Sec. 151 of the Code of Civil Procedure, 1908 (for brevity "CPC") to condone the delay of 1813 days in filing the petition under Order IX Rule 13 of CPC, to set-aside the ex parte decree dtd. 18/7/2013, was dismissed.

(2.) Revision Petitioner is the defendant No.3, and respondent Nos.1 to 3 are plaintiff Nos.1 to 3, and respondent Nos.4 and 5 are defendant Nos.1 and 2, in O.S.No.77 of 2011. Parties in the present Revision Petition are hereinafter referred to, as they were arrayed in the suit.

(3.) Plaintiff Nos.1 to 3 filed O.S.No.77 of 2011 against the defendant Nos.1 to 3 on the file of the learned Senior Civil Judge, Rayachoty, seeking the relief of Partition of plaint schedule property into six equal shares and to allot one such share to each of the plaintiff and for separate possession of the same. The defendants remained ex parte in the said suit. Subsequently, an ex parte preliminarily decree was passed in the suit on 18/7/2013. Later, the defendant No.3 filed I.A.No.304 of 2018 under Sec. 5 of the Act, 1963 read with Sec. 151 of CPC to condone the delay of 1813 days in filing the petition under Order IX Rule 13 of CPC to set-aside the ex parte preliminary decree, dtd. 18/7/2013 passed in O.S.No.77 of 2011. The Trial Court vide Order, dtd. 8/7/2025 dismissed I.A.No.304 of 2018 observing as under: