Remand the Case– The Appellate Court to fix a date for hearing of the appeal on merits uninfluenced–
The respondent filed a civil suit (O.S. No.685/2006) against the appellant Authority in the Court of Principal Senior Civil Judge and Small Causes Court, Mysuru. The suit was for declaration of title and permanent injunction in relation to the land bearing No. 2442 situated in Vijaynagara, 2nd stage, Devaraja Mohalla, Mysuru.
The appellant Authority, on being served filed their written statement. The parties adduced their evidence. By judgment/decree dated 20.03.2012, the Trial Court decreed the respondent's suit and passed a decree against the appellant Authority in relation to the suit land.
The appellant Authority felt aggrieved and filed first appeal (R.A.No.370/2012) under Section 96 of the Code of Civil Procedure, 1908 in the Court of Principal District and Sessions Judge, Mysuru. This appeal was listed for hearing on 25.04.2014. On that day, the appellant's counsel did not appear when the appeal was called on for hearing and, therefore, the Appellate Court dismissed the appeal in default.
The appellant Authority, filed an application before the Appellate Court praying for recall of the order dated 25.04.2014 and sought restoration of their appeal for its hearing on the merits. By order dated 29.06.2016, the Appellate Court dismissed the application, which gave rise to filing of the writ petition by the appellant Authority under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. By impugned order, the High Court dismissed the writ petition and affirmed the order of the Appellate Court, which has given rise to filing of this appeal by way of special leave by the defendant in this Court.
The appeal succeeds and is accordingly allowed. The impugned order is set aside. The application filed by the appellant (MA No.77/2014) is allowed. The R.A. 370/2012 is accordingly restored to its original number for its hearing on merits in accordance with law.
It is subject to payment of cost of Rs.10,000/payable by the appellant Authority to the respondent(plaintiff). Let the cost be paid before hearing of the appeal. ...Mysore Urban Development Authority =VS= S.S. Sarvesh, (Civil), 2019 (1) [6 LM (SC) 20] ....View Full Judgment