IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. KANTHA RAO CIVIL MISCELANEOUS APPEAL No.213 OF 2010 Between: Shaik Mukthiyar. --- Appellant/ Petitioner. AND Shaik Abbas and another. --- Respondents/ Respondents. The Court made the following: THE HON'BLE SRI JUSTICE R. KANTHA RAO CIVIL MISCELANEOUS APPEAL No.213 OF 2010 ORDER: This Civil Miscellaneous Appeal, under Order 43 Rule 1 (c) of C.P.C., is directed against the order dated 07-01-2010 made in I.A. No.1043 of 2009 in G.W.O.P. No.144 of 2008, on the file of the I Additional District Judge, Guntur, where under and whereby I.A. No.1043 of 2009 is dismissed. Challenging the same, the present Appeal is filed by the Appellant-Petitioner. 2. Heard the learned counsel appearing for the Appellant- Petitioner. 3. It is submitted by the learned counsel appearing for the appellant that the counsel who was appearing on behalf of the petitioner in the lower Court gave up his vakalath and without affording any opportunity to the petitioner to engage counsel on his behalf, the lower Court dismissed G.W.O.P. No.144 of 2008 for default. 4. No representation on behalf of the respondents though served the notices. 5. Accordingly, the Civil Miscellaneous Appeal is allowed and G.WO.P. No.144 of 2008 is restored to file. There shall be no order as to costs. __________________ R. KANTHA RAO, J. Dt.27-12-2010. DSH