M.L. MOHAN & ORS. Vs. V.B. KRISHNAPPA
LAWS(KAR)-2018-6-231
HIGH COURT OF KARNATAKA
Decided on June 21,2018

M.L. Mohan And Ors. Appellant
VERSUS
V.B. Krishnappa Respondents


Referred Judgements :-

COLLECTOR LAND ACQUISITION ANANTNAG VS. KATIJI [REFERRED TO]
PARIMAL VS. VEENA ALIAS BHARTI [REFERRED TO]


JUDGEMENT

R.DEVDAS,J. - (1.)This miscellaneous second appeal is filed under Order 43 Rule 1(u) R/w section 151 of CPC challenging the impugned order passed by the V Addl. District and Sessions Judge at Mandya in Miscellaneous Appeal No.29/17 remanding the suit for considering on merits.
(2.)The facts of the case in brief is as follows: The plaintiff/respondent filed O.S.No.16/2007 seeking relief of specific performance of agreement of sale dated 2.11.2006. The defendant filed his written statement and issues were framed on 8.10.2009. The case was posted for plaintiff's evidence on 22.10.2009. On that day, the plaintiff did not appear and the case was adjourned to 20.11.2009 by levying cost of Rs. 500/-. On 20.11.2009, the plaintiff did not appear and the suit was dismissed. The plaintiff filed miscellaneous petition No.20/2009 under Order 9 Rule 9 of CPC praying for restoration of the suit on the ground that he was suffering from chikungunya between 20.10.2009 to 21.11.2009 and produced the medical certificate to support his contention. After examining the plaintiff and going through the evidence on record, the miscellaneous petition was dismissed on 9.12.2014. Miscellaneous Appeal was taken up before the Appellate Court and the same came to be allowed on 16.3.2016.
(3.)The appellants herein filed Miscellaneous Second Appeal No.60/2016 before this Court and this Court remanded the matter to the trial court by order dated 15.2.2017. Before the Trial Court, the Doctor who issued the medical certificate was examined and the trial court proceeded to dismiss the miscellaneous petition. The respondent herein preferred an appeal in M.A.No.29/2017 before the Appellate Court and the Appellate Court allowed the appeal by imposing the cost of Rs. 5,000/- setting aside the order of the Trial Court and restored the suit directing the trial court to dispose of the original suit within a period of one year from the date of the said order.


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