(1.) The defendant filed the present civil revision petition against the order dated 16th December, 2014 made in Misc. Appeal No. 30 of 2013 on the file of the Additional Senior Civil Judge, Chikkamagalur, dismissing C. Mis. No. 22 of 2012 on the file of Civil Judge, Chikkamagalur, to set aside the ex parte decree made in O.S. No. 104 of 2001.
(2.) The respondent who is the plaintiff before the Trial Court in O.S. No. 104 of 2001 filed a suit for partition and separate possession of properties contending that the plaintiff and defendants are cousin brothers. The father of the plaintiff and father of defendant were brothers. During their lifetime, they lived together and jointly cultivated the suit schedule property and had possession over the same. Therefore, they sought for partition of the schedule property.
(3.) The present petitioner who was the defendant in the said suit was placed ex parte, holding that in spite of service of summons, the petitioner did not contest the claim. On the basis of the pleadings and evidence of P.W. 1, suit came to be decreed on 18-3-2003, holding that the plaintiff is entitled for possession of half share in the suit schedule property and also for mesne profits. Against the said ex parte judgment, the present petitioner filed civil miscellaneous to set aside the ex parte judgment made in O.S. No. 104 of 2001. The said miscellaneous petition came to be dismissed on the ground of delay and laches. Against the said order, the present petitioner filed Misc. Appeal No. 6 of 2010 before the Additional Senior Civil Judge, Chikkamagalur, who, after hearing both the parties, by an order dated 9th Aug., 2012, allowed the appeal and set aside the order dated 30-1-2010 passed on I.A. No. and allowed the application for limitation with costs of Rs. 1,000.00 and miscellaneous petition was remitted to the Trial Court for fresh adjudication on merits.