HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITON No.992 OF 2011 ORDER: The respondents 1 and 2 filed O.S. No.46 of 2003 in the Court of Senior Civil Judge, Adoni, against the respondents 3 to 6 and the petitioners for the relief of declaration of title and perpetual injunction in respect of the suit schedule property. The petitioners figured as defendants 5 and 6, and they are residents of Karnataka State. Notice through registered post was not served upon them. The respondents 1 and 2 affected substituted service against the petitioners. The trial Court passed an order, dated 09-03-2005, setting the petitioners ex parte. The trial of the suit is in progress. 2. Petitioners filed I.A. No.1108 of 2010 under Order - IX Rule - 7 CPC with a prayer to set aside the order, dated 09-03-2005. The application was opposed by the respondents 1 and 2. The trial Court dismissed the I.A. through order, dated 11-02-2011. Hence, this revision. 3. The 2nd respondent was served with notice. Notice sent to the 1st respondent was returned unserved with an endorsement that he refused to receive it. The notice is deemed to have been served. 4. It is no doubt true that by the time the petitioners filed the application under Order – IX Rule – 7 CPC, the trial of the suit progressed to a substantial extent. The fact, however, remains that the petitioners have categorically stated that they do not propose to file any independent written statement, nor do they propose to adduce any fresh evidence. In that view of the matter, no prejudice would have been caused either to any of the parties on account of setting aside the order, dated 09-03-2005. 5. The Civil Revision Petition is, accordingly, allowed and the order under revision is set aside. It is made clear that except that petitioners would be entitled to advance arguments on the basis of the material available on record, they shall not be entitled to adduce evidence. They can, however, file a memo adopting the written statement, which is already on record. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J June 15, 2011. Note: Issue C.C. in one week. B/O. KTL