VENKATAMMA Vs. NARASIMHAIAH

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the caveator/respondent No.7.

(2.) This appeal is filed challenging the order dtd. 18/9/2021, passed in Misc. Petition No.634/2018, on the file of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH-25), dismissing the petition filed under Order 9 Rule 13 read with Sec. 151 of CPC.

(3.) The factual matrix of the case of the appellants before this Court is that they had filed a suit in O.S.No.7967/2013 for the relief of partition and separate possession. After examination of one of the plaintiff, though filed an affidavit, did not appear for cross- examination and the same was dismissed for non- prosecution. Thereafter, they filed Misc. Petition No.634/2018, wherein they have sought for the relief of restoration of the suit and the same was also dismissed by the Trial Court on the ground that though P.W.1 was examined in 2017 i.e., 24/8/2017, did not appear before the Trial Court and no valid reasons are given for non- appearance and dismissed the same. Being aggrieved by the said order, the present appeal is filed before this Court.