Andhra Pradesh High Court - Amravati
Lambada Appanna vs Lambada Padmavathi on 29 December, 2023
HON'BLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION No.2100 of 2018
ORDER:
Heard Sri Vinod Kumar Tarlada, learned counsel for the revision petitioner.
2. The present Civil Revision Petition is filed by the petitioner/plaintiff, the suit was filed for permanent injunction restraining the respondent from interfering with the suit schedule property. At the stage of cross examination of PW1, the suit was dismissed for default on 27.10.2014, due to absence of the petitioner/plaintiff. The plaintiff filed I.A.No.249 of 2014 stating that the petitioner was cross examined in part and due to agitation for United State (Samaikyandhra), He could not contact his advocate.
3. The I.A.No.249 of 2014 was filed seeking to restore the suit, stating the reason as the petitioner could not contact the advocate due to Samaikyandhra strike and that the presiding officer was on Medical Leave.
4. The trial Court did not accept the explanation and rejected the I.A.No.249 of 2014. Hence the C.R.P. 2
5. It is a matter of fact that the State of Telangana was formed with effect from 02.06.2014 and the agitation for Samaikyandhra in October, 2014 as stated by the petitioner is not believable.
6. Though the delay is not on the higher side, yet the petitioner obligated to give some plausible reasons for Court to extend a liberal view. The reason that is given for non- appearance to be factually not correct and as such this Court is inclined not to interfere with the order of the trial Court. As the suit is for permanent injunction, the petitioner can file another suit on any subsequent cause of action.
7. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this case, shall stand closed.
_______________________ NYAPATHY VIJAY, J 29.12.2023 RMD 3 HON'BLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION No.2100 of 2018 29.12.2023 RMD