YACHAMALLA SHIVA RAMULU Vs. MALLAGARI RAMAKRISHAN RAO

JUDGEMENT

(1.) This second appeal is filed by the first defendant in O.S.No.38 of 1987. The sole respondent filed the suit against the appellant and two others, for the relief of declaration of title and confirmation of possession, or in the alternative, for recovery of the possession of suit schedule property, to an extent of Ac.3-01 gts, in Sy.No.356 of Domadugu Village of Jinnaram Mandal, Medak District. Initially, the suit was decreed ex parte, and thereafter, it was contested by the parties. On 31-8-2000, it was decreed on merits. Aggrieved thereby, the appellant alone filed A.S. No.45 of 2000, in the Court of IV Additional District Judge (Fast Track Court), Medak at Sangareddy. Through its Judgment, dated 3-3-2003, the lower appellate Court dismissed the appeal. Hence this second appeal.

(2.) Sri G. Anjappa, learned Counsel for the appellant, submits that the judgment of the lower appellate Court is contrary to the specific provisions of Rule 17 of Order 41 C.P.C., and that it is liable to be set aside. He contends that when C.P.C. clearly prohibits the dismissal of appeal on merits, when the Counsel for the appellant is absent, the lower appellate Court ought not to have gone into the merits of the matter.

(3.) Sri Patlolla Venkat Reddy, learned Counsel for the respondent, on the other hand, submits that the appellant was given number of opportunities to proceed with the matter, but, in spite of the same, he did not co-operate with the lower appellate Court. He submits that the lower appellate Court was left with no alternative, and ultimately proceeded to dismiss the matter, on merits.