SUBRAMANYESWARA SWAMY TEMPLE Vs. C NARASIMHA RAO

JUDGEMENT

(1.) These two Civil Revision Petitions are directed against a common order dated 4-8-1995 whereby and whereunder four applications filed by the petitioner herein had been dismissed. By reason of the impugned orders, an application filed by the petitioner for condonation of delay in filing the application for restoration and consequently the petition for restoration were dismissed.

(2.) The property in suit is a trust property. Two suits had been filed - one by the plaintiff being O.S.No. 124 of 1987 against three defendants for declaration of his title and permanent injunction wherein the petitioner-Sri Subrahmanyeswara Swamy Temple is the first defendant. The said temple filed O.S.No. 288 of 1989 against the aforementioned sole plaintiff in O.S.No. 124 of 1987 for declaration of title and recovery of possession.

(3.) Both the aforementioned suits were tried together and during the course of trial, on 7-7-1995 the learned Counsel appearing on behalf of the petitioner herein represented that he had no instructions in his matter. The petitioner herein was also called absent. The said suit was fixed for ex parte hearing whereafter it was dismissed. The petitioner filed O.A.No. 872 of 1995 and 837 Of 1995 for setting aside the ex parte decree as also for restoring the suit to its original file. In course of hearing, it was brought to the notice of the Court that the hereditary trustee was dead. As no step was taken to bring the legal representative of hereditary trustee on record, the said applications filed by the petitioner herein were dismissed. The learned trial Judge in the impugned order held that the delay has not been properly explained. It was further inter alia held that the daughter of the hereditary trustee of the temple should have filed the application and not the petitioner herein.