Y SRINIVASULU Vs. PRAMEELA

JUDGEMENT

(1.) This Civil Revision Petition, under Section 151 CPC was directed against the order dated 22.08.2019 passed in I.A.No.142 of 2017 in A.S.No.8 of 2015 on the file of the Court of the Judge, Family Court-cum-VII Additional District Judge, Medak, at Sangareddy, wherein and whereby the appellate Court dismissed the said I.A. filed by the petitioners.

(2.) Petitioners herein are appellants before the court below. They assailed the judgment and decree passed by the trial Court i.e. Senior Civil Judge, Zaheerabad, made in O.S.No.58 of 2009, which was filed by the first respondent herein, seeking partition of schedules A to C properties therein into four equal shares and allotment of one such share and separate possession of the property to her. The said suit was decreed ex-parte, vide judgment dated 09.4.2012 as the petitioners could not pursue the case in spite of several adjournments being given. Aggrieved by the said ex-parte decree and judgment, the petitioners herein filed A.S.No.8 of 2015 before the appellate Court. However, the appeal was dismissed for default on 02.01.2017. Subsequently, the petitioners filed a petition praying the appellate Court to restore the said appeal. However, as there was a delay of 312 days in filing the said restoration petition, petitioners filed I.A.No.142 of 2017 under Section 5 of the Limitation Act to condone the said delay of 312 days in filing the restoration petition, which, eventually was dismissed, vide order dated 22.08.2019. Hence the present Civil Revision Petition. But as there was delay of 50 days in presenting the present Civil Revision Petition, petitioners filed I.A.No.2 of 2020 to condone the said delay in filing the Civil Revision Petition.

(3.) Heard the learned counsel for the petitioners.