S. YAMINI VALLY Vs. SASHI KUMAR KHANNA

JUDGEMENT

(1.) This civil revision petition is filed aggrieved by the order dtd. 19/12/2019 passed in I.A.No.816 of 2016 in O.S.No.848 of 2012 on the file of the learned VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

(2.) The petitioners herein are defendant Nos.2 and 18 in the suit. They filed an application viz., I.A.No.816 of 2016 in the suit under Sec. 5 of the Limitation Act seeking to condone the delay of 88 days in filing the petition to set aside the order. In fact, O.S.No.848 of 2012 was filed for declaration of title and for injunction. The petitioners herein could not cross-examine P.W.1 and as such they were set ex parte on 20/1/2016.

(3.) Learned counsel for the respondents would state that the inordinate delay of seven months and thirteen days is not explained properly and in fact the present revision is preferred against the dismissal of delay condonation petition of 88 days. As there is no due diligence on the part of the petitioners, the petition is liable to be dismissed.