M.R. JAYARAM, S/O LATE RAMAIAH Vs. SRI SIDAPPA, SINCE DECEASED BY L.RS. (SMT. VENKATAMMA W/O LATE SRI SIDAPPA AND OTHERS)

JUDGEMENT

(1.) WITH consent of the learned Counsel on both sides, since LCR is received, the appeal is heard for final disposal.

(2.) THE Appellant filed O.S 128/1982 against the Respondents in the City Civil Court, Bangalore, for passing a decree of declaration of his title and for mandatory injunction and other reliefs in respect of plaint schedule property. Some of the Defendants having passed away, their legal representatives are brought on record. The suit was decreed on 13.11.1990. The Defendants questioned the said decree in RFA 400/1992, which was allowed on 04.03.1999 and the matter was remanded to the Trial Court. The Appellant after receipt of court notice, engaged Sri B. Veerabhadrappa, advocate, who filed the vakalath on 20.07.2000. Sri B. Veerabhadrappa died on 22.01.2001 The suit was dismissed for non -prosecution on 30.03.2001.

(3.) SRI K. Shashi Kiran Shetty learned Counsel appearing for the Appellant by stating the facts and after referring to the record of the case, contended that, the Court below has adopted a hyper -technical approach to the matter and ignoring the material fact that the Appellant's advocate Sri B. Veerabhadrappa had passed away and the Appellant had no knowledge of the adjourned dates, on account of demise of his advocate, his absence being bonafide, the dismissal of the Misc. Petition filed for restoration of the suit is perverse and illegal. Learned Counsel contends that, the Court below has acted mechanically in the matter and on any view of the matter, the impugned order calls for interference.