TAURUS HOMES Vs. M.BHGYAMMA

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is directed against the order dtd. 24/4/2018 in I.A.No.937 of 2017 in I.A.No.811 of 2017 in O.S.No.348 of 2002, on the file of the I-Additional Senior Civil Judge, Ranga Reddy District, wherein the said application filed by the petitioner herein (4th plaintiff) under Order IX Rule 9 CPC seeking restoration of I.A.No.811 of 2007 to its original position by setting aside dismissal order 6/12/2017, was dismissed.

(2.) Heard the learned counsel for the petitioner. None appeared for the respondents. Perused the record.

(3.) The petitioner herein is 4th plaintiff, respondent No.1 to 3 herein are plaintiff Nos.1 to 4 and respondent Nos.5 to 30 herein are defendants. The petitioner and respondent Nos.1 to 3 herein filed the suit O.S.No.348 of 2002 for perpetual injunction against respondent Nos.5 to 30 herein. While so, the petitioner filed an application in I.A.No.811 of 2017 for grant of leave to terminate his counsel Sri Y.Krishnamohan Rao and allow him to engage another Advocate to defend his case as he was not performing the duties properly and not representing their case in appropriate manner. The said application was dismissed for default on 6/12/2017, as the petitioner failed to serve notice on the respondents. The application in I.A.No.811 of 2007 was filed contending that though he served the notice and filed counter in the IA, by oversight, this court dismissed the said petition for default. The trial court by the impugned order dtd. 24/4/2018 while dismissing the said application observed as under: