ANASAWA AND ORS. Vs. RAMAPPA AND ORS.

JUDGEMENT

(1.) The petitioners have called in question the order passed by the Addl. Senior Civil Judge, Haveri in Misc. No. 17/2008 on 08.06.2015 dismissing the petition and refusing to restore the suit in OS No. 12/2003 pending on the file of Addl. Senior Civil Judge, Haveri, which was dismissed for non -prosecution on 23.11.2006.

(2.) It is the case of the petitioners that the husband of the 1st petitioner Peerapa has filed a suit against the respondents in OS No. 12/2003 on the file of Addl. Senior Civil Judge, Haveri, for specific performance of the agreement alleged to have been executed by the respondents on 04.09.2000 accepting to sell the suit property for a sum of Rs. 1,00,000/ - and receiving advance sale consideration of Rs. 74,000/ - as on the date of the agreement. But during the pendency of the said suit the plaintiff died. It is also the case of the petitioners that the said case was posted for the evidence of the plaintiff on 23.11.2006, but the Court has recorded that the plaintiff has not proceeded with the case and therefore, dismissed the same for non -prosecution(default).

(3.) The contention of the petitioners is that they were not having knowledge of the dismissal of the said suit on the particular date. Therefore, they did not take any steps in time. Only they came to know about the dismissal of the said suit after long lapse of time in the year 2008 and immediately without any delay they filed a miscellaneous petition for restoration of the said suit. The contention of the petitioners is that the petitioner No. 1 is illiterate widow and her daughters are married and residing with their husband and male children are studying out of the village. Therefore due to these extraneous circumstances in the family they could not file the petition in time. The said petition was contested by the respondents herein denying all the allegations made in the petition and specifically stating that they are actually in possession and enjoyment of the suit property and their father never executed any agreement and prayed for dismissal of the petition.