Mahto (Dead) Through LRS. Vs. Chamari Thakur  INSC 1466 (21 August 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.5717 OF 2009 (Arising out of S.L.P. (C)
No.12700 of 2003) Balgobind Mahto (D) Through LRS. ...Appellant(s) Versus
Chamari Thakur (D) Through LRs. ...Respondent(s)
O R D E R
learned counsel for the appellants.
of service of notice, nobody has entered appearance on behalf of the
respondents to contest the prayer made in this appeal.
Appeal No.39 of 1984 was dismissed for non- prosecution on 12th March, 1997.
When an application for restoration of the same was filed, it was rejected.
the said order was confirmed by the High Court in appeal filed by the
appellant. Hence, this appeal by special leave.
heard learned counsel appearing on behalf of the appellants and perused the
records, we are of the view that the appellate court should have restored the
appeal to its original file.
the appeal is allowed, impugned orders are set aside and Title Appeal is
restored to its original file, which shall be disposed of after giving
opportunity of hearing to the parties.
appellate court is directed to dispose of the appeal within a period of one
year from the date of receipt/production of copy of this order.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
August 21, 2009.