CHENNUR RAMAKRISHNA REDDY Vs. THOTAKURA CHINNA VEERAMMA

JUDGEMENT

(1.) THE petitioners filed os No. 5 of 2005 in the Court of the I additional District Judge, Kadapa, against the respondents, for declaration of title and perpetual injunction, as regards the suit schedule property. The summons were served upon the respondents, and the suit was posted on 1. 7. 2005, for filing written- statements. On account of the failure of respondents 1 to 9, i. e. , defendants 1 to 9 (respondents 10 to 12 are the legal representatives of the deceased-2nd respondent), they were set ex parte. The 13th respondent, viz. , defendant No. 10, alone contested the matter. The Trial Court passed a decree on 27. 2. 2006.

(2.) THE respondents 1 to 12 herein filed IA No. 437 of 2006, under Order 9 rule 13 C. P. C. , with a prayer to set aside the decree dated 27. 2. 2006. The 13th respondent, on the other hand, filed AS No. 370 of 2006 before this Court.

(3.) THE petitioners filed counter, raising several objections to the I. A. They pleaded that the decree was passed on merits, and an application under Order 9 Rule 13 CPC was not maintainable. It was also their contention that once AS No. 370 of 2006, filed by the 13th respondent, was pending before this Court, it is impermissible for the trial Court to entertain the application. Through its order dated 19. 9. 2007, the trial court allowed the IA. It has set aside the decree dated 27. 2. 2006, vis-a-vis the respondents 1 to 12 and respondent No. 13. Hence, this CRP.