Ravipati Lakshmamma vs Ravipati Hanumantha Rao
2021 Latest Caselaw 3996 AP

              HON'BLE SRI JUSTICE B.KRISHNA MOHAN


             CIVIL REVISION PETITION NO.4335 of 2012
ORDER :

This Civil Revision Petition arises against the order passed in

I.A.No.920 of 2010 in unnumbered A.S.No._of 2009 dated 18.07.2012

dismissing the application filed under Section 5 of the Limitation Act

to condone the delay in presentation of the appeal before the lower

appellate Court.

Heard Mr. Naga Praveen Vankayalapati, the learned counsel for

the petitioner and there is no representation on behalf of the

respondents in spite of service of notice.

The counsel for the petitioner submits that the application filed

under Section 5 of the Limitation Act, before the lower appellate

Court was dismissed on 18.07.2012 on the ground that the petitioner

herein has not furnished the relevant dates and as such seek for an

opportunity to file a better affidavit before the lower appellate Court

to consider afresh by the said Court.

On perusal of the Order of the Court below, it is also clear that

the date of knowledge of the petitioner about the Judgment and

decree passed in the suit in O.S.No.308 of 2006 dated 30.06.2006 on

the file of Principal Junior Civil Judge, Chirala and the reasons for

occurring delay in filing the appeal are not explained properly.

Hence, it would be fair enough to give opportunity for the

petitioners to explain the reasons for the above said delay in filing the

application under Section 5 of the Limitation Act before the lower

appellate Court. For which the petitioners are at liberty to file

a better affidavit before the lower appeallate Court seeking similar

relief for condonation of the delay in presentation of the appeal. On

making such application, the lower appellate Court shall pass orders

afresh on merits as per law. Hence, the order under revision dated

18.07.2012 is set aside enabling the court below to pass appropriate

orders afresh on filing the better affidavit by the petitioner.

Accordingly, the Civil Revision Petition is disposed of. There

shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending

shall stand closed.

______________________ JUSTICE B.KRISHNA MOHAN 07.10.2021 Yvk