Civil Revision Petition dismissing an appeal restored after default because no representation was filed by the petitioner. Court found no reason to interfere with the lower appellate Court's discretionary order.
Civil Revision Petition dismissed and connected case disposed of as infructuous.
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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
C.R.P.No.4547 of 2011
Date : 20-1-2012
Between: Ch. Srinivas s/o. Lakshmaiah .. Petitioner And Muraj Ahmed Khan s/o. Wrooj Ahmed Khan .. Respondent
Counsel for petitioner : None appeared Counsel for respondent : --
The court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 4- 7-2011 in I.A.No.255/2010 in A.S.No.196/2006 on the file of the learned Additional Chief Judge-cum-Family Court, City Civil Court, Secunderabad.
Even though the case was called both in the forenoon and again in the afternoon, there has been no representation for the petitioner. I have perused the record.
Against the Judgement and decree dated 30-12-2005, in O.S.No.973/2003, on the file of the learned I Junior Civil Judge, City Civil Court, Secunderbaad, the respondent, who is the plaintiff in the suit, filed A.S.No.196/2006 before the lower appellate Court. The said appeal was dismissed on 13-4-2010 for default. The petitioner filed I.A.No.255/2010 for restoration of the same. The lower appellate Court, having considered the said application, allowed the same, subject to payment of costs of Rs.1000/- on or before 20-72011 and getting ready for arguing the case. Feeling aggrieved by the said order, the petitioner, who is the defendant in the suit, filed the present Civil Revision Petition. In my opinion, the lower appellate Court, by the order under revision, has exercised the discretion vested in it by setting aside the order dismissing the appeal for default and
restoring the same to the file. I do not find any reason to interfere with such a discretionary order. Hence, the Civil Revision Petition is dismissed.
As a sequel, C.R.P.M.P.No.6460/2011 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy
Date : 20-1-2012 AM
1 issue framed by the court
Whether the High Court should interfere with the lower appellate Court's discretionary order allowing the restoration of an appeal dismissed for default.
Ch. Srinivas s/o. Lakshmaiah
Muraj Ahmed Khan s/o. Wrooj Ahmed Khan
C. V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
