V HANYA NAIK Vs. M KRISHNA REDDY

JUDGEMENT

(1.) IN the recent past, the prices of land in and around the city of Hyderabad have increased in geometrical proportions. The unprecedented growth has naturally brought along with it, litigation of peculiar nature, divorced from settled principles of law. This tendency is more acute in various Courts in ranga Reddy District. The case on hand presents an illustration.

(2.) THE petitioners filed O. S. No. 150 of 2007 in the Court of Junior Civil Judge, parigi, Ranga Reddy District, with a prayer to declare that, they are the surviving legal heirs of late, V. Rashya Naik, alias Rasiya, s/o. Puriya, @ Ponia Lambada. No one was impleaded as defendant, and it was filed against 'all concerned'. The suit was decreed on 17-03-2008.

(3.) RESPONDENTS 2 and 3 herein filed i. A. No. 222 of 2008 with a prayer to implead them as defendants in the suit. I. A. No. 223 of 2008 was filed under Order 9 Rule 13 c. P. C. , with a prayer to set aside the ex parte decree dated 17-03-2008. Since there was delay in filing that application, they filed i. A. No. 186 of 2008, under Section 5 of the limitation Act, with a prayer to condone the delay of 61 days. The petitioners opposed these applications. Through common order dated 12-08-2008, the trial Court allowed the applications. These two revisions are filed against the orders in I. A. Nos. 222 and 223 of 2008, respectively.