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Judgment
N. Ananda
The appellants have filed a suit (O.S.No.4337/2000) for following reliefs:
i) To grant permanent injunction restraining the defendants, their agents, servants, nominees and any other persons claimed under them from interfering into the suit schedule property.
ii) To declare that the plaintiffs Samithi is the absolute owner of schedule property by way of adverse possession and declare that they are having title of suit schedule property.
iii) Grant such other relief or reliefs deems fit as the circumstances explained above, in the interest of justice and equity,
The suit was dismissed for non-prosecution. Thereafter, a petition was filed for restoration of the suit. It appears, the original plaintiff namely President & Secretary of Sri Ayyappaswamy Seva Samithi, Chamarajpet died and thereafter, N. Jayaram, the subsequent Secretary had filed the petition. There was delay in filing the petition for restoration of suit.
The learned trial judge on appreciation of evidence of PW. 1 (appellant herein) and relying on documents filed by him has held that the petitioner has failed to establish sufficient cause to condone delay or restore the suit. On reconsideration of the matter, I do not find any reasons to interfere with the impugned order. The appeal is accordingly dismissed.