VELAGANABOINA CHANDRASEKHAR Vs. GARIBOINA CHANDRASEKHAR
LAWS(APH)-2019-12-3
HIGH COURT OF ANDHRA PRADESH
Decided on December 12,2019

Velaganaboina Chandrasekhar Appellant
VERSUS
Gariboina Chandrasekhar Respondents


Referred Judgements :-

D. GOPINATHAN PILLAI V. STATE OF KERALA AND ANOTHER [REFERRED TO]


JUDGEMENT

J.UMA DEVI, J. - (1.)Being aggrieved by the common order dated 01.07.2019, passed by the Principal Senior Civil Judge, Nandyal, Kurnool District in I.A. Nos. 533 of 2015 and 534 of 2015 in O.S. No. 129 of 2013, wherein the relief sought for condonation of delay of 26 days in filing of the application for restoration of the suit in O.S. No. 129 of 2013 and for restoration of the suit respectively refused by the Court below, the present revision petition is filed by the petitioners therein.
(2.)The revision petitioners herein are the plaintiffs in O.S. No. 129 of 2013, which is pending before the Principal Senior Civil Judge, Nandyal, Kurnool District for adjudication. The aforementioned suit is filed by them for declaration of their right of rastha over the plaint plan Rl Rl Rl rastha to reach main road RRR on South from their plaint plan 'X' and 'XI' marked properties; and for consequential permanent injunction to restrain the defendants and their men and for mandatory injunction etc., etc.
(3.)It is asserted by the petitioners in the affidavit annexed to their application filed under Section 5 of Limitation Act vide I.A. No. 533 of 2015; that on 21.01.2015, while the matter was posted for trial, they could not make their appearance before the Court below and that their chief affidavit was not filed, and on the same day, the Court below dismissed the suit for default. The reason assigned for by the 1st petitioner for his absence on 21.01.2015 was that he was suffering from back pain from 15.1.2015 onwards and could not be able to move from the bed and the Dr. S. Md. Hussain, under whom he was taken treatment advised him to take bed rest for minimum period of two months. Under these circumstances, he could not appear before the Court below on 21.01.2015 to proceed with the trial and that his absence on that day was neither wilful nor wanton.
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