HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No.3423 of 2005 O R D E R: The Civil Revision Petition is field against the order dated 24.01.2005 in C.M.A.No.13 of 2003 on the file of the Senior Civil Judge, Penukonda dismissing the appeal filed against the order dated 04.10.2002 in I.A.No.525 of 1997 in O.S.No.55 of 1990, on the file of the Junior Civil Judge, Dharmvaram. The suit was filed for permanent injunction by the plaintiffs and it appears the suit, after several dates as the plaintiff did not get ready, was dismissed for default on 20.08.1997. Thereafter, I.A.No.525 of 1997 was filed for restoration of the suit and after hearing both counsels, the learned Junior Civil Judge, Dharmavaram dismissed the application by the order dated 04.10.2002 and aggrieved by the said order, appeal in C.M.A.No.13 of 2003 was filed. The appellate Court accepted the reasoning of the lower Court and dismissed the appeal by order dated 24.01.2005. Aggrieved by the said order, the present appeal is filed. The point for consideration is whether the order of the lower Court is legal and sustainable. Evidently, the suit is of the year 1990 and the plaintiffs claim to be in possession and enjoyment of the property in spite of the dismissal of the suit long time back. As can be seen from the order of the lower Court, some of the plaintiffs died and the legal representatives were brought on record. The relief of permanent injunction is a personal relief. The suit was not dismissed on merits and the principles of res judicata cannot be invoked after such a long lapse of time and when there is no threat to possession of the plaintiff for all these periods, I feel the ends of justice would meet if the plaintiffs are given an opportunity to file a fresh suit, if there is any threat to the enjoyment or possession or right of the plaintiffs. When both Courts found no bona fides on the part of the plaintiffs for setting aside the dismissal order for default, I feel at this stage and after long lapse of time exercise of discretion by this Court is not warranted. It is needless to say that the decree of dismissal will not in any way cause prejudice to the plaintiff as there are no findings and will not operate as res judicata. With the above observation, the Civil Revision Petition is disposed of. No costs. ________________________ N.R.L.NAGESWARA RAO,J 31st January, 2011 PNV