The petitioner who is the plaintiff has preferred this

civil revision petition assailing the order dated 03.06.2019

passed in M.A.No.8/2017 on the file of I Addl. Senior Civil

Judge, Gokak confirming the order dated 01.03.2016

passed in Civil Misc.No.12/2014 on the file of the Civil

Judge and JMFC, Mudalagi whereby the appeal filed under

Order 43 Rule 1 of C.P.C. by the plaintiff to restore

O.S.No.337/2010 was rejected.

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The parties herein are referred to as per their

ranking before the Trial Court for the sake of convenience.

The petitioner/plaintiff filed O.S.No.337/2010 on

the file of the Prl. Civil Judge, Gokak seeking relief of

declaration, partition and separate possession of his

legitimate right in the suit schedule property. When the

matter was posted for plaintiff’s evidence on 21.03.2013,

the case was called out, the plaintiff remained absent and

the matter was adjourned to 31.05.2013. On 31.05.2013,

the plaintiff again chose to remain absent and the matter

was posted to 21.09.2013. On the intervening day, the

Trial Court dismissed the suit of the plaintiff for non-

prosecution.

Aggrieved by the dismissal of the suit for non-

prosecution,

the

petitioner/plaintif