JUDGMENT

1. Heard Sri A.Satya Prasad, learned counsel for the petitioners and Sri N.Ashwin Kumar, learned counsel for the plaintiff - respondent No.1 and perused the material available on record.

2. In the present Revision, filed under Article 227 of the Constitution of India, challenge is to the order dtd. 1/11/2023, passed by the Court of the XIII Additional District & Sessions Judge, (FTC), Vijayawada, allowing I.A.No.262 of 2019 in O.S.No.191 of 2011, filed by the plaintiff-respondent No.1 herein under the provisions of Order 9 Rule 9 of the Code of Civil Procedure.

3. Respondent No.1 herein filed the aforesaid suit against the petitioners and four others, seeking the relief of specific performance of contract of sale deed. Suit schedule property, which consists of three items, is totally an extent of Ac.07.56 cents situated at Mantena Village, Gannavaram Mandal, Krishna District. The suit instituted by the respondent No.1 herein came to be dismissed by the learned XIII Additional District & Sessions Judge, (FTC), Vijayawada, for non-prosecution. Seeking restoration of the suit, by setting aside the order of default, the plaintiff - respondent No.1 herein filed the instant Inter