HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.422 of 2010 Date: October 04, 2010 Between: Garuda Satyanarayana Murthy … Appellant And The Municipal Office, Represented by its Commissioner, Anakapalle, Visakhapatnam. … Respondent * * * HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.422 of 2010 JUDGMENT: This civil miscellaneous appeal is directed against the order dated 30.11.2009 made in I.A. No.214 of 2005 in A.S. No.156 of 2003 on the file of X Additional District Judge, Anakapalle whereunder and whereby the petition to set aside the judgment and decree dated 16.11.2004 dismissing the appeal for default, has been dismissed. 2. The appeal filed by the appellant herein was dismissed on 16.11.2004 for non-prosecution. Immediately he filed an application I.A. No.214 of 2005 in A.S. No.156 of 2003 to set aside that decree and judgment. That petition was dismissed. Aggrieved by the same, the present CMA has been preferred. 3. Learned counsel for the appellant stated that he has a good case in appeal and requested one more opportunity to argue. Instead of dismissing the appeal for default the appellate court ought to have given an opportunity to the appellant so that appeal can be disposed of on merits. Therefore one more opportunity can be given to the appellant to argue the case. 4. The civil miscellaneous appeal is allowed setting aside the impugned order and the appeal A.S. No.156 of 2003 shall be restored to file and disposed of after giving due opportunity to both parties in accordance with law within a period of four weeks from the date of receipt of a copy of this judgment. ________________ K.C. BHANU, J Date: October 04, 2010. BSB