HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.4056 of 2014 Date : 27-12-2014 Between :
T. Shankar Reddy ..
Petitioner And Sri Sai Co-operative Housing Society, Represented by its Secretary Ch. Chalapati Rao and others .. Respondents Counsel for petitioner : Mr. A. Mahesh Kumar Counsel for respondent No.1 : Mr. K. Sankaraiah The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 20- 10-2014 in I.A.No.49 of 2014 in O.S.No.1190 2006 on the file of the learned II Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar.
In the suit filed by respondent No.1 for declaration of title and recovery of possession of the suit schedule property, the petitioner was impleaded as defendant No.35. For non-filing of written statement, the petitioner was set- exparte on 18-6-2009 by the lower Court. However, the petitioner contested the order passed by the lower Court granting status quo in the application filed by respondent No.1 by filing C.M.A.No.267 of 2010 in this Court, which was disposed of on 28-1-2014. Thereafter, the petitioner has filed I.A.No.49 of 2014 under Order IX Rule 7 CPC for setting aside the exparte order dated 18-6-2009. The lower Court has dismissed the said application on the ground that the petitioner has not shown diligence in filing the application within a reasonable time.
Considering the fact that the petitioner was pursuing the above mentioned Civil Miscellaneous Appeal in this Court, the lower Court ought not to have dismissed the his application. Inasmuch as the suit is filed for declaration of title of immovable property, it would be in the interests of justice if the petitioner is given an opportunity to contest the suit. However, as the petitioner has not filed the application for setting aside the order setting him exparte for nearly five years, he is saddled with costs of Rs.5,000/-, payable to respondent No.1 within two weeks from the date of receipt of this order. The petitioner shall also file his written statement within one month from today. The lower Court shall dispose of the suit within four months from the date of receipt of this order.
The Civil Revision Petition is allowed to the extent indicated above.
As a sequel to the disposal of the Civil Revision Petition, CRPMP No.5543 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 27-12-2014 AM