HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.1219 OF 2009 ORDER: The appellants filed O.S. No.153 of 2005 in the Court of the VII Additional District Judge, (Fast Track Court) Visakhapatnam, against the respondents for the relief of specific performance of agreement of sale. The trial of the suit commenced. PW-1 was cross- examined in part. Thereafter, it was directed to be listed on 02-06- 2009. On that date, the trial Court dismissed the suit for default on the ground that PW-1 did not turn up for further cross-examination. Appellants filed I.A. No.770 of 2009 under Order – IX Rule 9 CPC with a prayer to restore the suit on 15-06-2009. Respondents 15, 16 and 32, who alone were contesting the matter, filed a counter opposing the I.A. Through its order, dated 16-09-2009, the trial court dismissed the I.A. Hence, this CMA. 2. Heard the learned counsel for the appellants and the learned counsel for the contesting respondents. 3. The suit was dismissed for default on 02-06-2009. In less than two weeks, the appellants filed an application to restore the suit. None of the facts mentioned by the appellants in their affidavit were contradicted by the contesting respondents. It appears that this Court passed an order directing that the suit shall be disposed of expeditiously. The trial Court naturally felt that on account of non-operation of the parties, the direction issued by this Court is not being complied with. 4. Be that as it may, an occasional absence on the part of the appellants or their witnesses should not result in dismissal of the suit. The trial Court ought to have put the appellants on certain terms and proceeded with the trial of the suit. 5. Hence, the Civil Miscellaneous Appeal is allowed and the order under appeal is set aside. As a result, I.A. No.770 of 2009 is allowed and the suit is restored to file on condition that the appellants shall pay an amount of Rs.3,000/- to the contesting respondents in common within a period of two (2) weeks from today. They shall also be under obligation to ensure that the oral and documentary evidence on their behalf is adduced without any hindrance. With the restoration of the suit, the interlocutory orders, if any passed in the suit, shall also be get restored. The trial Court shall endeavour to dispose of the suit as early as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J April 11, 2011 Note: Issue CC in three days. B/O. KTL