THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
CIVIL MISCELLANEOUS APPEAL No.46 OF 2020
JUDGMENT :
This appeal is directed against the order dated 04.06.2019, passed by the Additional Senior Civil Judge, Kothagudem in I.A.No.327 of 2018 in I.A.No.252 of 2018 in O.S.No.234 of 2013, by which, the application for restoration of I.A.No.252 of 2018, was dismissed.
2. Heard both sides and perused the material on record.
3. I.A.No.252 of 2018 was filed for condonation of delay of 133 days in filing the application for setting aside the abatement and for adding the proposed petitioners/plaintiff Nos.3 to 7. The said application was allowed on 11.12.2018, however, subject to condition of payment of costs of Rs.200/- to the respondents therein, in default, the application shall stand dismissed. As the said condition was not complied with, the application stood dismissed.
4. Since the suit is filed for partition and separate possession of joint family property, as the rights over immovable properties are involved, this Court is of the considered view that it is a fit case to give one more opportunity to the appellants/plaintiffs.
5. In view of the above, this appeal is allowed, setting aside the impugned order dated 04.06.2019. Consequently, the application in I.A.No.252 of 2018 stands restored and the delay of 133 days in filing the petition to set aside the abatement and adding of 2 proposed plaintiff Nos.3 to 7, is condoned, subject to payment of costs of Rs.200/- to the respondents therein, within a period of one week from the date of receipt of a copy of this order. No order as to costs.
Miscellaneous petitions, if any, shall stand closed.
__________________________ T. AMARNATH GOUD, J.
Date: 30-09-2021.
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