EKKALADEVI DEVAIAH Vs. BOJJA LAXMI

JUDGEMENT

(1.) The first respondent in CMA No.5 of 2010 on the file of Senior Civil Judge, Siricilla, who is the plaintiff in O.S. No.44 of 2008, filed this revision petition under Art. 227 of the Constitution of India challenging the Order dated 08.04.2011 in CMA No.5 of 2010, whereby the learned Senior Civil Judge allowed the CMA while setting aside the order dated 04.10.2010 in I.A. No.107 of 2010 in O.S. No.44 of 2008 passed by the Junior Civil Judge, Vemulawada.

(2.) The revision petitioner was the plaintiff in O.S. No.44 of 2008 and 1st respondent in I.A. No.107 of 2010, whereas the first respondent herein was the 6th defendant in O.S. No.44 of 2008 and the petitioner in I.A. No.107 of 2010 and respondents 2 to 6 were the defendants 1 to 5 in O.S. No.44 of 2008. But to avoid confusion in referring the parties, they will hereinafter be referred to as the revision petitioner and respondents as arrayed in the civil revision petition, for convenience sake.

(3.) The revision petitioner filed suit in O.S. No. 44 of 2008 for partition and other consequential reliefs before the Junior Civil Judge, Vemulawada, Karimnagar District. Respondents 1 and 6 contested the suit appearing through their counsel and filed written statement, whereas the other respondents were set exparte. During trial, P.Ws.1 and 2 were examined on behalf of the plaintiffs, but they were not cross-examined by the counsel for respondents 1 and 6 herein. Later the matter went on several adjournments, but neither the first respondent nor his counsel turned up, to cross-examine P.Ws.1 and 2 and to adduce evidence on behalf of respondents 1 and 6. Thereupon the court passed the decree on 17.02016.