IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5717 OF 2009 (Arising out of S.L.P. (C) No.12700 of 2003)

Balgobind Mahto (D) Through LRs.            ...Appellant(s)

Versus

Chamari Thakur (D) Through LRs.             ...Respondent(s)

O  R  D  E  R

Leave granted. Heard learned counsel for the appellants.

In spite of service of notice, nobody has entered  

appearance on behalf of the respondents to contest the prayer  

made in this appeal.

Title Appeal No.39 of 1984 was dismissed for non-  

prosecution on 12th March, 1997.  When an application for  

restoration  of  the  same  was  filed,  it  was  rejected.  

Thereafter, the said order was confirmed by the High Court in  

appeal filed by the appellant.  Hence, this appeal by special  

leave.

Having heard learned counsel appearing on behalf of  

the appellants and perused the records, we are of the view  

that the appellate court should have restored the appeal to  

its original file.

....2/-

- 2 -

Accordingly, the appeal is allowed, impugned orders  

are set aside and Title Appeal is restored to its original  

file, which shall be disposed of after giving opportunity of  

hearing to the parties.

The appellate court is directed to dispose of the  

appeal  within  a  period  of  one  year  from  the  date  of  

receipt/production of copy of this order.

......................J.               [B.N. AGRAWAL]

......................J.               [G.S. SINGHVI]

New Delhi, August 21, 2009.