Narayana Educational Society vs Smt.Raja Gayethri
2022 Latest Caselaw 9930 AP

                   HIGH COURT OF ANDHRA PRADESH

     MAIN CASE No.: A.S .No. 296 of 2022


                            PROCEEDING SHEET

S.
No     DATE                          ORDER


5    30.12.2022 Dr.VRKS,J

                               I.A NO. 1 OF 2022


                      Defendants in the suit intend to prefer
                the 1st appeal and in the process there occurred
                the delay of 1308 days. It is to condone that
                this application is filed under section 5 of
                Limitation Act.
                      Notice to sole respondent was taken out

and proof of service was filed. In fact appearance was already there as a learned counsel filed vakalat. However, today neither counter is filed nor there is attendance for respondents. Learned counsel for the petitioner submits that the petitioners being educational institutions out of the procedural delay, the appeal could not be moved immediately.

Para 9 of the affidavit further shows aggrieved of the same judgment of the court below, another appeal A.S No. 15 of 2019 was already filed. Considering the fact that the appeal against the same judgment was already preferred and the cause assigned for delay, the petition will be allowed subject to certain conditions.

In the result, the application will be allowed on petitioners paying Rs. 1000/- as costs to the Andhra Pradesh Legal Service Authority. Time for compliance till 06.01.2023.

List the matter on 06.01.2023.

___________ Dr.VRKS,J

LSP