NARASIMHAIAH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) I have heard the petitioners learned Advocate. This old execution proceeding has come to the fag end where the vouchers had to be filed for the withdrawal of the amount filed before the Court on 28. 5. 2003. Because the learned Advocate was absent, the Court dismissed the execution and to my mind rightly so because a small simple matter like this had been dragged on for over two years. The Restoration application has been dismissed because no proper cause was shown but to my mind, having regard to the age of the client and the fact that the proceedings are almost over, it would be harsh to insist that the party should file a fresh execution application. Hence, the application is restored. The same is directed to be listed before the Court on 11. 8. 03. The petitioners learned Advocate to inform the other side in writing of the order passed by this Court. Having regard to the fact that this is entirely the fault of the lawyer who represented the party before the executing Court, costs quantified at Rs. 500/- shall be deposited with the Advocates Welfare Fund as condition precedent before the next date of hearing along with an undertaking to the Court from the lawyer assuring the Court that this amount will not be recovered from the client. The C. R. P. succeeds to this extent and stands disposed of.