C Lakshmidied vs Bonala Devi,
2022 Latest Caselaw 1701 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                         MAIN CASE NO.: S.A.No.1799 of 2018
                                   PROCEEDING SHEET
Sl.     Date                                  ORDER                                  OFFICE
No.                                                                                   NOTE

1.    08.04.2022   SRS,J
                                         I.A.No.1 of 2018

                         This petition is filed seeking leave of the Court to file
                   appeal against judgment and decree, dated 25.10.2017
                   passed in A.S.No.41 of 2011 on the file of learned Senior
                   Civil Judge, Chodavaram.

                         The mother of the petitioner herein filed suit in
                   O.S.No.275 of 2006 against the respondent herein on the

file of learned Principal Junior Civil Judge, Chodavaram for injunction and the said suit was dismissed by judgment and decree, dated 28.09.2011. Against the said judgment and decree, the mother of the petitioner herein filed A.S.No.41 of 2011 on the file of learned Senior Civil Judge, Chodavaram. The said appeal was dismissed by judgment and decree, dated 25.10.2017. An application for obtaining certified copy of judgment and decree, dated 25.10.2017 was made on 26.10.2017 and the copy was made ready on 08.11.2017. Before filing the appeal mother of the petitioner died on 07.12.2017. Hence, the present petition is filed by son of the deceased appellant/plaintiff seeking leave of this Court to file the present second appeal against the judgments and decrees of lower Courts.

Heard.

Learned counsel for the respondent has not opposed the petition.

Since the sole appellant in A.S.No.41 of 2011 died after pronouncement of judgment and before preferring appeal within the stipulated time, this Court deems it appropriate to allow this petition. Accordingly this petition is ordered and leave is granted to the petitioner to file the present second appeal.

______ SRS,J

I.A.No.2 of 2018

This petition is filed to condone delay of 269 days in representing the above second appeal.

Heard.

For the reasons stated in the accompanying affidavit, this petition is ordered and the delay of 269 days in representing the second appeal stands condoned.

______ SRS,J

I.A.No.3 of 2018

This petition is filed to condone the delay of 46 days in filing the above second appeal.

Heard.

Learned counsel appearing on behalf of the respondent has not opposed the petition.

For the reasons stated in the accompanying affidavit, this petition is ordered and the delay of 46 days stands condoned.

______ SRS,J

S.A.No.1799 of 2018

At request of Sri C. Upendra, learned counsel representing Smt. T. Sridevi, learned counsel for the appellant, list this appeal on 21.04.2022.

______ SRS,J

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