HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No.5052 of 2013
Date: July 04, 2014
Between:
1. Thippe Narayana & another.
… Petitioners And
1. Pitla Gangaram (died) per Lrs. Nos.3 & 4 & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No.5052 of 2013
O R D E R:
This civil revision petition is directed against the order dated 26.032012 in I.A.No.340 of 2007 in O.S.No.20 of 2004 on the file of the Junior Civil Judge, Adilabad, whereunder the application of the petitioners/plaintiffs to condone the delay of 99 days in filing the application for restoration of suit was allowed.
2. Petitioner No.1 and petitioner No.2 in I.A.No.340 of 2007 are father and daughter. They filed the suit for perpetual injunction against the respondents in respect of the land bearing Survey No.68/11 admeasuring Ac.8.17 guntas situated at Khanapur, Adilabad and on 17.03.2007, as he was absent, the suit was dismissed for default. The reason for his absence is stated to be suffering from Injective Hepatitis from 10.03.2007 to 23.07.2007. The defence taken by the respondents is that though the first petitioner was suffering from illness, the 2nd petitioner could have attended the Court and pursue the case.
3. Before the lower Court, an objection was raised with regard to the medical certificate also. But, the lower Court noticing that the first petitioner is aged about 85 years and was bedridden and the 2nd petitioner being a lady did not appear the Court on the day when the suit was dismissed for default, it felt that justice would be met by allowing the application and accordingly it allowed the application by order dated 26.03.2012.
4. I do not see any ground to interfere with the said equitable order passed by the lower Court, since there is no error of jurisdiction in passing such an order.
5. The civil revision petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 04, 2014 BSB
23 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
CIVIL REVISION PETITION No.5052 of 2013
Date: July 04, 2014
BSB