HON'BLE SRI JUSTICE A.SANTHOSH REDDY
CIVIL REVISION PETITION No.1887 of 2019
ORDER:
This revision is directed against the order dated 23.04.2019 in I.A.No.413 of 2019 in CMA(SR) No.515 of 2019 on the file of the Chief Judge, City Civil Court, Hyderabad.
2. I have heard the submissions of learned counsel for the petitioner and learned counsel for the respondent. Perused the record.
3. The petitioner filed above CMA against the order dated 26.11.2018 in I.A.No.758 of 2018 in O.S.No.1541 of 2018 against the respondent. The petitioner filed copy application on 27.11.2018 in-person and the same was returned on 03.01.2019 with certain office objections. But, he failed to resubmit the same. Subsequently, the petitioner filed fresh copy application on 26.12.2018 and a copy of the judgment and decree was supplied on 02.01.2019. Therefore, the delay of (23) days was occurred in filing the CMA. The respondent resisted the same by filing counter-affidavit. On consideration of the material on record, the 2 learned Chief Judge, City Civil Court, Hyderabad dismissed the application vide order dated 23.04.2019 on the ground that the reasons assigned by the petitioner were neither satisfactory nor convincing and which demonstrated his negligence.
4. Challenging the same, the present Civil Revision Petition is filed.
5. A perusal of the material on record disclose that the petitioner filed the CMA (SR) No.515 of 2019 against the order in I.A.No.758 of 2018 in O.S.No.1541 of 2018 dated 26.11.2018 with delay of (23) days. The petitioner stated that the copy application was filed by him on 27.11.2018 in person and the same was returned with some office objections on 03.01.2019. But, he could not resubmit the same in time. Subsequently, he got filed fresh copy application on 26.12.2019 and a copy of judgment and decree was supplied to him on 02.01.2019. It is contended that delay of (23) days was occurred due to inadvertence, but not intentional. The respondent contended that the petitioner has failed to assign valid reasons and he filed the copy application on 27.11.2018 and the same was returned on 03.01.2019, after lapse of 37 days which 3 is false and baseless. The reason assigned by the petitioner clearly demonstrates that there was negligence on his part in resubmission of the same and the day to day delay has not been properly explained by him with valid reasons. The petitioner has also failed to make out any case showing the reasonable grounds and sufficient cause to condone the delay. Therefore, the trial Court has rightly refused to allow the application.
6. For the foregoing reasons, I do not find any reasonable grounds to condone the delay in filing the CMA (SR) No.515 of 2019. The impugned order does not suffer from any infirmity or illegality warranting interference by this Court.
7. Accordingly, the civil revision petition is dismissed. Miscellaneous applications, if any, pending shall stand closed. No order as to costs.
______________________________ JUSTICE A.SANTHOSH REDDY 03.01.2023 Nvl 4