KAMALAVVA AND OTHERS Vs. FAKKIRAPPA AND ANOTHER

JUDGEMENT

(1.) THE petitioners are before this Court assailing the order dated 02.01.2010 passed in O.S. No. 129/2006.

(2.) HEARD the learned counsel for the parties and perused the petition papers.

(3.) IN that view of the matter, the order dated 02.01.2010 is set aside. Consequently, the application filed under Order 23, Rule 1 of Civil Procedure Code is dismissed. The suit in O.S. No. 129/2006 is restored to the file of the Principal Civil Judge (Sr. Dn.), Ranebennur, to proceed further with the suit in accordance with law. Since the parties are represented before this Court, they shall appear before the Trial Court on 10.12.2012 as the first date of appearance. The Trial Court shall, thereafter, proceed with the matter.