VEERUPAKSHAYYA Vs. BASAVVA

JUDGEMENT

(1.) This appeal is filed by the petitioners in Misc. No.3/2018 on the file of the Principal Senior Civil Judge and CJM., Dharwad, (for short 'the Trial Court') by which their petition filed under Order IX Rule 4 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') was rejected.

(2.) The suit in O.S. No.24/2015 was filed by the father of the petitioner No.1(a) and petitioners Nos.2 to 4 in Misc. No.3/2018 / plaintiffs in the suit for substantive reliefs to declare that they were the only legal heirs of deceased Gadigevva to succeed to the suit schedule property as her legal heirs and to declare that the mutation entry No.1976 in respect of the suit property was null and void and not binding on the plaintiffs. They also sought for a declaration that the gift deed executed by the defendant No.1 in favour of defendant No.2 was null and void and for the consequential relief of possession of the suit schedule property.

(3.) It is stated that when the suit was listed for evidence of the plaintiffs, the same was dismissed for non- prosecution on 27/11/2017, following which, the petition was filed under Order IX Rule 4 of the CPC., for restoration of the suit. The Trial Court after recording the evidence of the parties, dismissed the petition on the ground that the petitioners failed to assign proper reasons as to why they could not lead evidence and that Exs.P1 to P3 indicated that none of the petitioners were interested in conducting the suit.