MADDIREDDY JANARDHAN Vs. NASEEM KHATUN

JUDGEMENT

(1.) This revision is directed against the order dtd. 8/2/2021 passed in I.A.No.496 of 2018 in O.S.No.97 of 2017 on the file of the learned Principal Senior Civil Judge, Mancherial, whereby the application filed by the petitioner-Defendant No.17 under Sec. 7 of the Limitation Act to condone the delay of 121 days in filing the petition to set aside the ex parte decree dtd. 9/4/2018 is dismissed.

(2.) The petitioner herein is Defendant No.17 in the suit. Initially, the suit O.S.No.97 of 2017 is filed for injunction and later it is converted into suit for declaration of title and perpetual injunction. The plaintiffs would submit that their late father is the absolute owner and possessor of the land admeasuring Ac.5.25 guntas in Sy.No.76/D bearing Khasra No.105 situated at Naspur Grampanchayath, Mancherial Mandal, Adilabad District, and he purchased the same under registered Sale Deed dtd. 24/8/1974 bearing Document No.926 of 1974 from Syed Bin Omer. The name of the plaintiffs' father was also mutated in the revenue records and filed pahanies in support of their contention.

(3.) Defendant Nos.1 to 3, 6 to 13, 16, 18, 19 and 24 to 29 were set ex parte. The suit against Defendant Nos.20 to 23 and 30 was dismissed as withdrawn. It was reported that Defendant No.5 died on 22/6/2012 and hence, the case against him stands abated. Written statement was filed by Defendant No.4. Defendant Nos.14 and 17 filed their written statement separately. In their written statement they stated that they are the owners and possessors of the land bearing Sy.No.76 measuring Ac.0.39 guntas each, total Ac.3.36 guntas in one compact and they purchased the same from pattedar Raghupathi Redddy and mutation was also effected in their favour. Defendant No.15 adopted the written statement filed by Defendant Nos.14 and 17. Another written statement was also filed by Defendant No.23 and so also Defendant No.30. When the suit is converted into declaration of title after the amendment of the plaint, Defendant No.14 filed his additional written statement adopted by Defendant Nos.4, 15 and 17.