IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE SECOND (2nd) DAY OF AUGUST, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1628 of 2006 Between: S. Fakuruddin … Petitioner And: G Anasuyamma … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.1628 of 2006 ORDER: This revision is directed against the order dated 20.02.2006 in IA No.142 of 2006 in IA No.1849 of 2005 in OS No.308 of 2003 on the file of the II Additional Junior Civil Judge, Kurnool, wherein the said application filed under Order 9 Rule 9 CPC for restoration of IA No.1849 of 2005, was dismissed. 2. Heard the learned counsel for the petitioner. None appeared for the respondent. Perused the record. 3. The petitioner herein filed suit in respect of wall ‘A, B, C’ alleged to have been constructed by the defendant, encroaching upon the plaintiff’s house property. The respondent/defendant filed written statement denying the encroachment. The petitioner/ plaintiff filed IA No.1849 of 2005 to examine the Mandal Surveyor. The matter was posted for recording of evidence of the Mandal Surveyor. It is stated that the Mandal Surveyor attended the Court on 30.01.2006 but without lay out plan. It is pleaded by the petitioner that on that day he could not attend the Court as he was performing his sister’s marriage. IA No.1849 of 2005 was therefore dismissed for default. According to the petitioner, the present petition IA No.142 of 2006 was brought on the very next day i.e., 31.01.2006 but was filed 15 days later after giving notice i.e., on 15.02.2006. The learned Junior Civil Judge dismissed the said application on the ground of delay. 4. In the circumstances and for the reasons stated in the affidavit filed in support of the application IA No.142 of 2006, it is held that an opportunity can be given to the petitioner/plaintiff to examine the Mandal Surveyor. The impugned order dismissing the application filed for restoration of IA No.1849 of 2005 is set aside and the said IA No.1849 of 2005 stands restored. 5. In the result, the civil revision petition is allowed accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 02.08.2011 bss