THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 5820 OF 2008 Dated 02-8-2010 Between: D.Satya Narayana and others. ..Petitioners. And: M. Susheela and others. …Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 5820 OF 2008 ORDER: This revision is directed against the order dated 5th September, 2008 passed in I.A. No.263 of 2008 in O.S.No.23 of 2007 on the file of the 1st Additional District Judge, Medak at Sanga Reddy. The brief facts of the case are as follows: Respondents 1 and 2 herein filed the suit for partition on 20-2-2007. Summons were served on the defendants directing them to appear before the Court on 20-7-2007. The petitioners herein are the defendants 6 to 13 before the lower Court. Time was granted for filing of the Written Statement till 19-6-2007 but no written statement was filed. Then, on 20-7-2007 for non-filing of the written statement, the petitioners herein i.e., defendants 6 to 13 were set exparte and exparte decree was passed on 20-7-2007. On behalf of the petitioners, an application I.A.No.263 of 2008 has been filed to condone the delay in filing the application to set aside the exparte decree. Paragraphs 2 to 4 of the affidavit filed by the 6th defendant in support of the petition are relevant which is as follows: “The case was decreed exparte on 20-7-2007 for non-filing of our written statement. On that day I was unable to contact my counsel due to my health is not well and I could not contact my counsel, as such I was not filed my written statement. This Hon’ble Court decreed the suit exparte. The decree itself is behind my statement. I came to know about passing the decree when I received the notices in I.A.No.1434/2007 and I.A.No.1432/07 the petition for final decree and other one. After receiving the notices I met with my counsel to contest the main case, as such we have set exparte in the main suit, I am ready to contest the matter. I am having good case and there is every possibility of dismissing main suit. If the delay is not condoned it will cause undue hardship and irreparable loss to me which cannot be compensated. It is submitted that there is a delay of (199) days in filing the petition. The delay is caused only due to the above said reasons; hence, the same may be condoned.” A reading of the affidavit clearly shows that the 6th defendant had stated that he was not feeling well on 20-7-2007 and therefore, he could not contact his counsel and therefore, he could not file the written statement. But there is no explanation as to why he could not contact his counsel subsequent to 20-7-2007 or till they received notices in I.A.No.1434/207 and I.A. No.1432 of 2007 i.e., application filed for passing final decree. As observed by the lower Court, the petitioners did not assign any reason for not contacting any counsel after 20-7-2007. Learned counsel for the petitioners submits that the petitioners herein had purchased the property in 1997 under a valid registered sale deed and that they will be put to irreparable loss, if no opportunity is given to them to contest the matter. Merely because they have a good case, that alone is not a ground to condone the delay. It has to be seen that though the 6th defendant filed the affidavit but there were other defendants who are also contesting the suit and none of the defendants had taken care to consult their counsel on 20-7-2007 or on subsequent date. In fact, there is no single sentence in the affidavit filed by the 6th defendant giving any valid reason for not contacting their counsel after 20.7.2007. In view of the same, I do not find any illegality or irregularity in the order passed by the lower Court. There are no merits in this revision and hence, the same is liable to be dismissed. Accordingly, this Revision Petition is dismissed. No costs. However, the petitioners herein may take whatever objections that are available to them at the time of execution of decree. ___________________ B. CHANDRA KUMAR, J. Date: 02-8-2010 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 5820 OF 2008 Dated 02-8-2010