GUDU SAHEB Vs. SHAIK KHASIM SAHEB

JUDGEMENT

(1.) This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioners/defendants, challenging the order, dated 26.09.2012, passed in I.A.No.1166 of 2011 in O.S.No.72 of 2009, by the Senior Civil Judge, Gadwal, whereby, the petition filed by the petitioners/defendants, under Section 5 of the Limitation Act, 1963, to condone the delay of 547 days in filing the petition to set aside the ex parte decree, dated 05.02.2010, passed in the subject suit in O.S.No.72 of 2009, was dismissed.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the petitioners/defendants would contend that the petitioners/defendants have constructed their houses in the suit schedule land and are residing therein. There were compromise talks in between the petitioners/defendants and the respondents/plaintiffs for a considerable period. Therefore, the petitioners/defendants did not pursue the subject suit in O.S.No.72 of 2009 and the suit was decreed ex parte, vide order, dated 05.02.2010. The Court below, while dealing with the subject Interlocutory Application, had gone into the merits of the subject suit with regard to the ownership over the suit schedule land. It ought not have done so. If the delay of 547 days in filing the petition to set aside the ex parte decree, dated 05.02.2010, is not condoned, the petitioners/defendants would be put to irreparable loss and ultimately prayed to set aside the order under challenge and allow the subject interlocutory application by condoning the delay of 547 days in filing the petition to set aside the ex parte decree, dated 05.02.2010.