THE HON'BLE SRI JUSTICE K.G.SHANKAR CRP No.699 of 2005 Date:11.11.2011 Between: Akula Narayanapa (died) rep by L.Rs. Petitioners/plaintiffs. AND Hazarat Masthan Ali Darga, Kothacheruvu Rep by its Manager, K. Avvur Rahman Kothacheruvu, Anantapur District. ..... Respondent/defendant. The Court made the following: THE HON'BLE SRI JUSTICE K.G.SHANKAR CRPMP No.6699 of 2011, CRPMPSR No.27868 of 2011 & CRP No.699 of 2005 ORDER: The petitioners filed CRPMP No.6699 of 2011. Sri M. Ganga Rao is ready to argue the revision. I am satisfied with the averments of the affidavit accompanying the petition. Accordingly, CRPMP No.6699 of 2011 to condone delay of 1916 days in filing the petition to set aside the order of dismissal for default dated 29-06-2006 is allowed. Consequently, the CRPMPSR No.6699 of 2011 to set aside order of dismissal for default dated 29-06-2006 is allowed. The revision is taken up for enquiry. 2. Sri Syed Shareef Ahmed, learned counsel for the sole respondent is said to be no more. However, the presence of the learned counsel for the respondent is not necessary in this petition. I have heard the counsel for the petitioners. I pass the orders, after hearing the counsel for the petitioners and without hearing the respondent. 3. O.S.No.33 of 1988 was filed by the 1st respondent against one Akulua Narayanappa as the sole defendant. The suit was for the eviction and for arrears of rent. As the sole defendant and Akulua Narayanappa died during the pendnency of the suit, defendants 2 to 11 were brought on record as the legal representatives of the deceased-1st defendant. They are the revision petitioners herein. 4. The case was posted to 12-04-2000 before the learned Junior Civil Judge, Penugonda for the cross- examination of P.W.1. The defendants were not represented on that day before the Court. The learned trial Judge consequently, set the defendant exparte and promptly passed an exparte decree. The respondent, who consequently became the Decree-Holder filed E.P No.31 of 2000. The E.P was allowed and the property was recorded to have been delivered to the Decree- Holder by the Amin (Field Assistant) on 06-07-2000. Subsequently, the defendants 2 to 11 filed a petition under Order 9 Rule 13 CPC to set aside the exparete decree. As there was a delay of 61 days, the petitioners filed I.A.No.532 of 2000 under Section 5 of the Limitation Act to condone delay in filing petition under Order 9 Rule 13 CPC. 5. The petitioners examined the 5th defendant as P.W.1. The Decree-Holder examined her manager as R.W.1. The Field Assistant was examined as R.W.2. The defendants inter alia contended that the delivery was not effected as alleged by the plaintiff. The learned trial Judge held that the property was indeed delivered to the plaintiff and that the very further proceedings in the case have become infructuous. The learned trial Judge also held that the delay in filing the petition under Order 9 Rule 13 CPC has not been explained successfully by the defendants and that the limitation petition therefore deserves to be dismissed. Accordingly I.A.No.532 of 2000 was dismissed by the learned trial Judge. Assailing the same, the defendants/Judgment-Debtors laid this revision. Sri M. Ganga Rao, learned counsel for the defendants contended that the delay was successfully explained by the defendants and that it was only the 2nd defendant who was prosecuting the case on behalf of the other defendants. 6. As already noticed, it is a suit for eviction and arrears of rent. The suit was decreed. Not only was the suit decreed, possession was also delivered to the plaintiff. Where the possession was already delivered, the cause of action for the defendants does not survive. I, therefore, consider that the very application in I.A.No.532 of 2000 and the present revision are misconceived and are liable to be dismissed. The question of considering whether the defendants successfully explained the delay or otherwise does not arise. 7. In that view of the matter, this revision is found to be devoid of merits and is accordingly dismissed. No costs. _________________________ JUSTICE K.G. SHANKAR Date:11.11.2011. mrb