NAGARAJ ISHAPRABHU DESAI Vs. SHOBA

JUDGEMENT

(1.) The respondent herein filed a suit for specific performance, which was decreed. As against the said decree, an appeal was filed by the petitioner. However, the said appeal was dismissed for non-prosecution. The petitioner filed a petition seeking for restoration of the appeal, but the said petition has also been dismissed. The petitioner is therefore before this Court.

(2.) Learned counsel for the petitioner submits that the petitioner may be afforded an opportunity to contest the matter on merits rather than he forced to suffer an order of dismissal for non-prosecution.

(3.) Learned counsel for the respondents on the other hand contends that as against the decree of the suit, another appeal had been preferred by the second defendant and the said appeal had also been dismissed on merits and therefore there is no need to restore the appeal of the petitioner. It is also contended that as a matter of fact, as against the dismissal of the appeal on merits, second appeal is also pending before this Court.