KARUMANCHI PADMAPRIYA Vs. CHIRASANI RATNAKUMARI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal No. 387 of 2004 had been preferred by the appellants-defendants 6 to 8 as against the order in IA no. 1325 of 2002 in OS No. 44 of 2002 and 2nd defendant preferred CMA No. 387 of 2004 as against the order in IA No. 1201 of 2003 in OS No. 44 of 2002 on the file of additional Senior Civil Judge, Tenali respectively and these civil miscellaneous appeals were dismissed for default.

(2.) CMAMP Nos. 1174 of 2007 and 1159 of 2007 are filed for setting aside the orders of dismissal made in the above civil miscellaneous appeals to restore the said appeals tc file.

(3.) IT is stated that the respective counsel representing these appellants were held up elsewhere and at the relevant point of time the Counsel who was entrusted with the duty to represent these matters due to miscalculation of time, the said Counsel was not present and consequently these matters were dismissed for default and the respective affidavits filed in respect of these applications had been sworn to by the respective Counsel representing these parties. In the light of the facts and circumstances, the orders of dismissal dated 5. 3. 2007 are hereby set aside and the civil miscellaneous appeals are restored to file.