THE HON’BEL Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.3818 OF 2010 DATED: 03.09.2010 Between : Kotakuri Kistappa … Petitioner And 1. K. Anjinappa and others. … Respondents THE HON’BEL Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.3818 OF 2010 ORDER : The revision petitioner is the defendant No.4 in O.S.No.28 of 1998 on the file of the Court of the Senior Civil Judge, Penukonda. The 1st petitioner herein filed the suit for partition and separate possession of the 1/4th share in the plaint schedule properties. All the defendants remained ex parte and by judgment dated 16.3.2000 a preliminary decree was passed. In March, 2010 the revision petitioner/defendant No.4 filed an application to recall the preliminary decree dated 16.3.2000 alleging that the same was obtained by fraudulent means. The said application was returned by the Court below on the ground that the petitioner having remained ex parte in the suit cannot file the petition to recall the judgment and decree. Aggrieved by the same, the present Civil Revision Petition has been filed. Having heard the learned Counsel for the petitioner, I do not find any justifiable reason to interfere in exercise of the jurisdiction under Article 227 of the Constitution of India. As rightly held by the Court below, the petitioner ought to have filed an application to set aside the ex parte decree and the petition to recall the ex parte decree is not maintainable. Accordingly, this Civil Revision Petition is dismissed. No costs. _____________ G. ROHINI, J. Dt. 03.09.2010 gbs THE HON’BEL Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.3818 OF 2010 DATED: 03.09.2010