Adavally Mohan Reddy vs Renikunta Gangaiah
2021 Latest Caselaw 2836 Tel

              Hon'ble Sri Justice T. Amarnath Goud
                       C.M.A.No. 569 of 2018
Judgment:

1.    This Appeal is filed against Order dated 11.04.2018 passed by

the learned Additional Senior Civil Judge, Karimnagar, whereby

I.A.No.302 of 2017 filed by the appellants/plaintiffs for restoration of

O.S.No.122 of 2010 was dismissed.


2.    Learned counsel for the appellants/plaintiffs submits that the

counsel appearing for the appellants before the lower Court was

suffering from Galbladder problem and was operated therefor in

Apollo Hospital, Karimnagar; that the appellant No.2, who has been

pursuing the case too suffered from typhoid and motions, due to

which he could not appear before the lower Court during the relevant

period; that as the suit is filed for recovery of possession and

cancellation of title deeds and pass books, the valuable rights of the

appellants are involved; and that therefore, the appeal be allowed.


3.    On     the    other    hand,     learned    counsel     for     the

respondent/defendant strenuously opposed this application by stating

that the appellants/plaintiffs have filed the IA to set aside the

dismissal order and to restore the suit by merely stating that their

counsel and appellant No.2 were sick, but they have not filed any

proof in support of their plea. Hence, he prays to dismiss the appeal.


4.    Heard learned counsel for the parties and perused the record.
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5.    It is to be seen that the suit was filed for recovery of possession

and cancellation of title deeds and pass books, which needs to be

adjudicated after necessary issues are framed and parties are given

opportunities to putforth their case.     In order to give one more

opportunity to the appellants to put forth their case, the appeal is

allowed, impugned order dated 11.04.2018 passed by the Additional

Senior Civil Judge, Karimnagar, in I.A.No.302 of 2017 in O.S.No.122

of 2010 is set aside and O.S.No.122 of 2010 is restored to file.


      As a sequel, Miscellaneous Petitions, pending if any, stand

disposed of.


                                        ________________________
                                         T. AMARNATH GOUD, J.

29.09.2021 lur