THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1087 of 2010 JUDGMENT : 1. The Civil Miscellaneous Appeal is filed against the order dated 25.06.2010 in I.A. No.737 of 2007 in O.P. No.52 of 2004 on the file of the Senior Civil Judge, Nizamabad, whereunder and whereby the application filed under Order IX Rule 9 of the Civil Procedure Code, 1908 to restore the Original Petition to file, was dismissed. 2. Heard both sides. 3. Admittedly, affidavit of the petitioner/claimant no.1 has not been filed in the trial court along with the petition. Therefore, the question of considering the application to set aside the dismissal order passed in the Original Petition does not arise. Therefore, the trial court rightly dismissed the petition and the impugned order needs no interference. However, this order will not preclude the petitioner from filing his affidavit along with a petition to set aside the dismissal order dated 20.06.2007. 4. With the above observation, the Civil Miscellaneous Appeal is dismissed. No costs. --------------------- (K.C.Bhanu, J.) 15.3.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1087 of 2010 15.3.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1087 of 2010 15.3.2011 Between: Gaddam Venkat Reddy …Petitioner And Land Acquisition Officer-cum-RDO, Nizamabad …Respondent