The order dated 04.04.2023 passed in IA.No.462 of 2019 in
OS.No.49 of 1989 on the file of Principal Senior Civil Judge,
Bhongir, is under challenge in the Revision Petition.
2. Heard Sri Jalli Kanakaiah, learned senior counsel appearing
for Sri Narendar Jelli, learned counsel-on-record for revision
petitioner, and Sri Pulimamidi Shashidhar Reddy, learned counsel
for respondent No.2.
3. The petitioner is defendant No.5, respondent Nos.1 and 2 are
plaintiffs and respondent Nos.3 to 13 are defendants in the suit.
4. In nut-shell, the facts of the case, required for adjudication of
the present Revision Petition, are that respondent Nos.1 and 2 filed
suit in O.S.No.49 of 1989 for partition and separate possession of
the suit schedule property. The petitioner entered appearance,
engaged a counsel and filed written statement on 22.12.1992, but,
later, he was set ex parte on 06.03.1996 as he failed to appear
before the Court and there was no representation on his behalf and
the suit was decree ex parte on 21.02.1998 and a preliminary
LNA, J
decree was passed. Subsequently, the matter was carried in appeal
to this Court vide AS.No.1260 of 1998 by the legal heirs of
defendant No.6, who purchased the land from respondent No.3, and
this Court vide order dated 26.10.2018 dismissed the said Appeal.
Later, respondent Nos.1 and 2/plaintiffs filed two applications-
IA.No.170 of 2019 for appointment of an Advocate
Commissioner to fix the boundaries and allot their share in the
suit schedule properties, and I.A.No.173/2019 for passing of
the final decree.