HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 4970 OF 2010 . DATED 1ST JULY, 2011 BETWEEN Chilakalapudi Achayya …Petitioner And Sri Chilakalapudi Surendranath Tagore and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 4970 OF 2010 ORDER: Heard the learned Counsel for the petitioner. Perused the case file. This Civil Revision Petition under Article 227 of the Constitution of India is filed aggrieved by the order dated 04.10.2010 whereunder and whereby the learned Additional Senior Civil Judge, Eluru, dismissed I.A.No. 1117 of 2010 in O.S.No. 415 of 2007 filed by the petitioner/third defendant under Order IX Rule 7 read with Section 151 CPC to set aside the order setting him ex parte. The first respondent/plaintiff filed suit in O.S.No. 415 of 2007 for partition of the plaint schedule properties into four equal shares among himself, second respondent/second defendant, revision petitioner/ third Defendant and fourth respondent/fourth defendant and for delivery of one such share to each of them. The revision petitioner was set ex parte on 30.01.2008. The pleased case of the revision petitioner is that the notices received from the Court below were mingled with other papers and as such he could not be able to engage an Advocate to contest the suit. The ground urged by the revision petitioner seems to be ex facie absurd. All the parties to the suit belong to one village and known to each other, in particular, the revision petitioner and therefore well within the knowledge about the litigation raised by the plaintiff/first respondent for partition of the plaint schedule properties. The suit litigation for partition of the suit properties is in between the own brothers and their father, who constitute a Hindu joint family. The contest of the suit by the other two defendants by engaging Advocates certainly also is within the knowledge of the revision petitioner. Further, as could be seen from the order under revision, the revision petitioner was set ex parte on 30.01.2008 and the present impugned application to set aside the same was filed on 23-08-2010, i.e., nearly after 2 ½ years. Even such inordinate delay was not properly explained by the revision petitioner, except pleading that the suit notices were mingled with other papers. The learned trial Judge rightly dismissed the application. I do not see any illegality or irregularity in the order under revision warranting interference by this Court. The Civil Revision Petition is therefore dismissed. There shall be no order as to costs. ------------------------------ ------ JUSTICE ASHUTOSH MOHUNTA Dated 1ST JULY, 2011. Msnro