GURRAM NAGANNA Vs. MUNIPATI PRABHAKAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short 'CPC') is filed by the appellant/plaintiff against the order, dtd. 16/12/2021 passed in I.A. No. 145 of 2021 in A.S. No. 51 of 2018 on the file of learned Principal District Judge, Kurnool, whereby the petition filed by the appellant/plaintiff under Order XLI Rule 19 and Sec. 151 of CPC seeking to set aside dismissed for default order, dtd. 10/12/2019 passed in A.S. No. 51 of 2018 was dismissed.

(2.) The appellant/plaintiff filed O.S. No. 192 of 2008 on the file of learned Senior Civil Judge, Kurnool against the respondents/defendants for perpetual injunction restraining the defendants, their men, etc. from creating or opening any apertures or openings like Doors Windows, etc in their Northern wall i.e. BC wall of the plaint plan and for mandatory injunction directing the defendants to close down the apertures or openings, if any opened even during the pendency of the above suit and if they fail to do so, to get them closed through Court process.

(3.) The suit was dismissed on contest, against which plaintiff filed A.S. No. 51 of 2018. Appeal was adjourned to 10/12/2019 for hearing on costs of Rs.200.00. Learned counsel for the appellant/plaintiff paid the costs and filed memo to that effect. However, during call work, though learned counsel sought further time for advancing arguments, the appeal was kept aside. Since there was no representation on behalf of the appellant/plaintiff when the matter was called again, the lower appellate Court dismissed the appeal for non-prosecution on 10/12/2019.