Tirakawwa vs Shivappa Honnappa Chikkanavar

S. Abdul Nazeer, J.—Though this matter is posted in the orders list, by consent of the learned counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.

Smt. Tirakawwa (since deceased) by her L.Rs. land petitioner Nos. 2 to 4 filed suit O.S. No. 100/2003 on the file Civil Judge (Junior Division) and JMFC, Haveri, for declaration and injunction in respect of the suit schedule property. The respondent/defendant was placed exparte in the suit and the suit was decreed on 29/06/2005.

The respondent filed Miscellaneous Petition No. 4/2006 under Order IX Rule 13 of the CPC to set aside the aforesaid judgment and decree and to restore the suit. There was a delay of 11 months in filing the petition. Therefore, the respondent filed an application in I.A. No. 1 seeking condonation of delay in filing the petition. The Court below has condoned the delay and restored the suit. Accordingly, Miscellaneous Petition was allowed. The petitioners have called in question the validity of the said order in this writ petition.

I have perused the affidavit filed in support of the application seeking condonation of delay in filing the petition, the reasons assigned by the petitioners in the Miscellaneous Petition and the order impugned. I am satisfied that the reasons assigned for the delay are satisfactory. The court below on appreciation of the materials on record, has condoned the delay and restored the suit. I do not find any error in the order. The Writ Petition is devoid of merit and it is accordingly dismissed. The Court below is directed to dispose of the suit as expeditiously as possible.

Registry is directed to send a copy of this order to the trial Court forthwith. No costs.