R PARANASIVAN Vs. T ANUSUYA

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the parties.

(2.) By the impugned order dated 30-6- 2000 the High Court of Karnataka dismissed the Civil Petition No. 668/2000 which was filed by the present appellants for restoring the first Appeal on file. Considering the facts and circumstances of the case, in our view, the impugned order requires to be set aside and is hereby set aside. First Appeal No. 726/1994 is restored on the file of the High Court on a condition that the appellants would pay Rs. 5,000/- as costs to the respondent and would deposit the same with the Registrar of the High court within a period of six weeks from today. High Court to decide the First Appeal on merits in accordance with law. The appellants to prepare the paper book and submit it before the High Court within a period of three months from today. It would be open to the parties to seek expeditious hearing of the First Appeal. In any case, counter part of the appellants would not seek any adjournment if the matter is fixed for hearing except on exceptional ground. The appeal stands disposed of accordingly. Appeal disposed of.