THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CIVIL MISCELLANEOUS APPEAL.No.4270 of 2004 ORDER: The Civil Miscellaneous Appeal is directed against the order of dismissal passed in I.A.No.279 of 2004 in O.S.No.162 of 2003 dated 21.09.2004 on the file of learned Junior Civil Judge, at Sathupalli. 2. The appellant herein is the petitioner in the Interlocutory Application and plaintiff in the suit, whereas the respondent herein is the respondent in the Interlocutory Application and defendant in the suit. 3. For the sake of convenience, I refer the parties as petitioner and respondent as arrayed in the Interlocutory Application before the lower Court. 4. I.A.No.279 of 2004 was filed under Order 9 Rule 9 read with Section 151 of C.P.C. to restore the suit, which was dismissed on 20.09.2004 for default giving reasons. 5. The respondent filed counter denying the claim of the petitioner giving reasons. 6. The lower Court passed the order, which reads: “Since it is seen that there is negligence and callousness on the part of the petitioner and his counsel, this Court is not inclined to allow this petition. Hence it is dismissed.” 7. Aggrieved by the same, the present appeal has been preferred. 8. Heard the counsel for the parties. 9. It is the contention of learned counsel for the petitioner that the reasons given by the petitioner were not considered by the lower Court while disposing of the petition and in fact no speaking order was passed by the lower Court and hence, the same is not tenable. 10. The point to be considered is: Whether the order passed by the lower Court while disposing of the matter is proper one? P O I N T: 11. Having gone through the Order, it is very clear to me that no speaking order was passed by the lower court having examined the reasons given in the petition and also in the counter. Therefore, the same is not tenable and it is liable to be set aside. 12. In the result, the Civil Miscellaneous Appeal is allowed and the order passed in I.A.No.279 of 2004 in O.S.No.162 of 2003 Dt.21.09.2004 on the file of the Court of Junior Civil Judge, Sathupalli is set aside and the lower Court is directed to dispose of the petition taking into consideration the reasons given in the petition and also in the counter properly. In the circumstances of the case no costs are awarded. _______________________________ G.KRISHNA MOHAN REDDY, J 28th February, 2011 KSP