HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P. No.4669 of 2008 Dated 26-08-2010 Between: Chenegal Goverdhana Reddy ……..Petitioner Vs. Bhimani Pushpamma and others ………Respondetns HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P. No.4669 of 2008 ORDER: The petitioner, who is the 3rd defendant in O.S.No.183 of 2006, filed this revision petition under Article 227 of the Constitution of India, inter alia, assailing correctness of the order rejecting the application purported to have been filed under Section 5 of the Limitation Act seeking condonation of delay in 101 days in filing application to set aside the ex parte preliminary decree. 2. The case of the petitioner, in short, is that due to his pre- occupation with his agricultural operations, he could not file written statement and his counsel also has gone to Bangalore on urgent legal matters, he was set ex parte in the said suit on 01-02-2007 and therefore, he sought an opportunity to be given to contest the suit. After considering the relevant material, the trial Court did not find favour for the reasons given by the petitioner and dismissed the petition. 3. Having heard the learned counsel and also on perusal of the material, it is clear that the petitioner is no other than the 3rd party purchaser of the suit schedule property and that the suit was filed for partition. Therefore, the ultimate prayer that can be prayed by the petitioner is to given an opportunity to contest the suit so as to protest his interest. If the suit is decreed, the petitioner can get his property from the co-parcener from whom he purchased the property. 4. In view of the same, I am of the opinion that the relief sought for by the petitioner cannot be granted as rightly observed by the Court below. I do not see any grounds warranting interference in this revision. 5. Accordingly, the Civil Revision Petition is dismissed. No costs. __________________ 26th August 2010 KVR