THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3156 of 2003 Date: 15-12-2010 Between G.Rani Kumari and 3 others … Appellants/Petitioners and Land Acquisition Officer/ Revenue Divisional Officer, Nagarkurnool, Mahabubnagar district … Respondent/Respondent THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3156 of 2003 Judgment: This appeal is filed under Order XLIII, Rule 1(d) of C.P.C., against the order and decree dated 26-02-2003 in I.A.No.465 of 1999 in O.P.No.38 of 1993 passed by the learned Senior Civil Judge, Nagarkurnool, Mahabubnagar district. 2. Heard the learned counsel for the appellants. 3. None appears for the respondent. 4. The facts leading to this appeal are: The appellants are the claimants in O.P.No.38 of 1993. They filed the claim statement. On 13-8-1999 the appellants could not attend the Court below and their counsel was engaged in another Court. The learned Senior Civil Judge dismissed the said O.P., for default. The appellants filed I.A.No.465 of 1999 to set aside the dismissal order dated 13-8-1999 and restore the O.P. The learned Senior Civil Judge had dismissed the said interlocutory application also on the ground that the claimants were not ready inspite of imposition of costs and there was no sufficient reason to set aside the dismissal order passed in the O.P. 5. Learned counsel for the appellants submitted that this O.P., and the other connected O.P.No.45 of 1993 are filed for enhancement of compensation against the award passed by the Land Acquisition Officer. The learned Senior Civil Judge dismissed the other O.P., also for default and this Court by judgment dated 03-4-2007 allowed C.M.A.No.2134 of 2003, which was filed against the order and decree in I.A.No.463 of 1999 in O.P.No.45 of 1993, and directed the Court below to restore O.P.No.45 of 1993 and dispose of the same on merits after giving opportunity to the claimants. 6. Now, coming to the case on hand, the application filed by the appellants was not resisted by the respondent by way of filing counter. Admittedly, the appellants filed the O.P., claiming for enhancement of compensation for the lands acquired by the respondent. The learned Senior Civil Judge ought to have given some opportunity to the appellants to prosecute their claim inspite of the fact that the respondent-Government did not choose to file counter in I.A.No.465 of 1999 in O.P.No.38 of 1993. 7. The impugned order dated 26-02-2003 in I.A.No.465 of 1999 in O.P.No.38 of 1993 passed by the learned Senior Civil Judge, therefore, deserves to be set aside and is accordingly set aside. The learned Senior Civil Judge, Nagarkurnool is directed to dispose of the matter within 6 (six) months from the date of receipt of a copy of this judgment in accordance with law after giving reasonable opportunity to the appellants. 8. The civil miscellaneous appeal is allowed accordingly. No costs. ____________________________ JUSTICE V.SURI APPA RAO 15th December, 2010. Ak THE HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.3156 of 2003 15th December, 2010.