BHUPATHI NAGESWARA RAO Vs. ADDEPALLY HANUMANTHA RAO

JUDGEMENT

(1.) The defendants in the suit aggrieved by the docket order of the Principal Junior Civil Judge, Ongole, dated 21-4-2000 in dismissing an unnumbered IA. filed by the petitioner, for reopening the suit and dispose of the same on merits, the present Revision Petition is filed.

(2.) The respondent herein filed O.S. No.21/94 on the file of the Principal Junior Civil Judge, Ongole for a permanent injunction restraining the petitioners herein from interfering with the peaceful possession and enjoyment of the suit schedule land and the Court below though initially granted temporary injunction in LA. No.229/94, vacated the same after the petitioners entered appearance. Though the respondent carried the matter to the High Court, he could not get any favourable order. Subsequently, the suit came up for trial in the year 2000 and after completion of the evidence, the Counsel for the petitioners seemed to have reported that he has no instructions and on that the Court below seemed to have posted the suit for judgment on 18-4-2000. The petitioners having come to know of the development immediately engaged a new advocate and while offering vakalath on behalf of the petitioners, he filed the present I.A. for reopening of the suit. On 18-4-2000 this application was returned for compliance of certain office objections and seven days time was given for the purpose. On 21-4-2000 this application seemed to have been represented and on that day the Junior Civil Judge dismissed the application by stating as hereunder:

(3.) Thereafter he seemed to have pronounced the judgment and decreed the suit.