GORRENKALA RAMESH Vs. GORRENKALA ANJAIAH AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is directed against order dated 7.9.2009 passed in I.A. No. 1596 of 2008 in O.S. No. 190 of 2001 by the Junior Civil Judge, Medchal, Ranga Reddy District.

(2.) The revision petitioner herein is the plaintiff. He filed O.S.No.190 of 2001 for recovery of possession and cancellation of registered sale deed dated 21.05.2001,under which defendant No.9 purchased the property from defendants 1 to 8. After settlement of issues, the suit was posted for trial and on 31.01.2007, the suit was dismissed for default. Thereafter, the petitioner filed an application to set aside the dismissal order and to condone the delay of 503 days in filing restoration petition.

(3.) Before the trial Court, it is submitted by the petitioner that in June 2007, he was hospitalized and subsequently, he met with an accident and suffered fracture injuries, due to which he was unable to contact his counsel till June, 2007. Immediately, after coming to know about the dismissal of the suit, he instructed his counsel to take steps for restoration of the suit.