NARAYANAPPA Vs. VENKATARAVANAPPA

JUDGEMENT

(1.) This appeal is filed challenging the order of dismissal of Misc.No.14/2017 vide order dtd. 13/7/2018.

(2.) This appeal is listed for admission. Heard the learned counsel appearing for the petitioners.

(3.) The factual matrix of the case is that the Misc. No.14/2017 was filed under Order IX Rule 9 read with Sec. 151 of CPC for restoration of R.A.No.71/2016 which was dismissed on 8/6/2017. The grounds urged before the Trial Court while filing the miscellaneous petition that on 8/6/2017 he could not able to appear before the Court as his brother's son was admitted to the hospital at Bengalore and his counsel also not appeared before the Court as his son was admitted to the hospital at Bengaluru and there is a valid reason and non-appearance is not intentional and they have a good case. The Trial Court issued notice against the respondent and though the respondent appeared through the counsel, not filed objection statement. The Trial Court has taken note that whether the petitioners have made out the grounds to allow the petition. Trial Court taken note of the fact that R.A.No.71/2016 was registered on 11/8/2016 and counsel also represented in the appeal on 3/10/2016 and thereafter from 16/12/2016, the petitioners were remained absent till the date of dismissal of the appeal for non- prosecution on 8/6/2017 and no proper and sufficient reasons also given though he contend that his brother's son was admitted to the hospital at Bengaluru and also the counsel's son was also admitted to the hospital and no documents were also produced before the Trial Court. The Trial Court also taken note of the fact that no medical records were produced and also not led any evidence in the petition and the petitioners were remained absent from 22/2/2018 and ultimately, the petition was dismissed in the month of July 2018.