THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No:3314 of 2000 ORDER: The appellants filed O.S.No.1217 of 1993 in the Court of I Senior Civil Judge, City Civil Court, Hyderabad, against the respondents for the relief of declaration of title, and perpetual injunction in respect of the suit schedule property. The suit was dismissed for default on 21.10.1998. Thereupon, the petitioners filed I.A.No.3120 of 1998 under Order IX Rule 9 C.P.C., with a prayer to set aside the order dated 21.10.1998. The trial Court dismissed the I.A., through order dated 5.07.2000. Hence the C.M.A. Heard Sri B.V. Bakshi, learned counsel for the appellants and Sri R. Ramachandra Reddy, learned counsel for the first respondent. In the affidavit filed in support of the I.A., it was stated that the first appellant, who was looking after the case has gone to a business tour to Indore at the relevant point of time and their advocate, being engaged in the Court of VII Assistant Judge, was absent when the case was called. The record does not disclose that there was a default on the part of the appellants at the earlier occasions. The trial Court virtually proceeded on hyper technical grounds. Though the suit was filed in the year 1993, the trial did not commence even after five years. An occasional lapse on the part of the appellants or their counsel cannot result in total denial of relief, that too, without trial. Hence, this Court is of the view that the I.A., deserves to be ordered subject to certain terms. Hence, the Civil Miscellaneous Appeal is allowed and the order under appeal is set aside. Consequently, I.A.No.3120 of 1998 in O.S.No.1217 of 1993 is allowed on payment of costs of Rs.2000/- to Sri K.R. Sasidharan Nair, junior counsel of respondents within a period of four weeks from today. The appellants shall forthwith commence the trial duly complying with the steps, if any, and the trial Court shall proceed with the matter on priority basis. In case, the respondents have not filed written statement so far, they shall do so within a period of four weeks from today. ______________________ (L. Narasimha Reddy, J.) 10th September, 2009 Js.