Andhra Pradesh High Court - Amravati
A Kamakshamma vs Y Bala Subrahmanyam on 4 February, 2022
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THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
CIVIL REVISON PETITION No. 318 OF 2019
ORDER:
This Civil Revision Petition is filed against the order in
Interlocutory Application No.1227 of 2018 in an unnumbered Appeal
Suit_________ of 2018 (CFR No. 3190/24.04.2018) on the file of
Principal District Judge, Prakasam, dated 01.11.2018, dismissing the
application for condonation of delay of 987 days in preferring the appeal.
2. Heard the counsel for the petitioners and the counsel for the
respondent.
3. The counsel for the petitioners submits that the respondents
instituted a suit for specific performance of an agreement of sale dated
24.11.2004 in OS. No. 104 of 2007 on the file of Senior Civil Judge,
Kandukur and the same was decreed on merits vide its judgment and
decree dated 26.11.2016. Aggrieved by the same, the petitioners preferred
an appeal before the lower appellate court with a delay petition of 987
days. Subsequently, the lower appellate court dismissed the said
application as the delay was not explained properly.
4. On the other hand, the learned counsel for the respondents submits
that there is no sufficient cause shown by the petitioners in the condone
delay application along with the appeal. For which, he opposed the said
relief. The court below dismissed the said application vide its order, dated
01.11.2018, stating that no cause is shown for condonation of delay.
5. Be that as it may, since the suit was decreed on merits and the
defendants have got right of appeal provided under a statute, it shall not be
ordinarily denied for the said redressal. However, due diligence shall be
shown by the parties in availing their remedies. but, for the reasons
beyond their control in this case some delay was occurred for which the
petitioners admit the lapses and pleads that they may be given an
opportunity at least to contest the matter on merits before the lower
appellate court.
6. Having considered the said plea and in the interest of justice,
this court intends to give an opportunity for the petitioners to pursue the
appeal on merits in the lower appellate court in a time bound frame with
certain terms.
7. Accordingly, the petitioners are directed to pay costs of Rs. 5,000/-
(Rupees Five Thousand Only) to the respondent within four (04) weeks
from the date of receipt of this order and proof of the said payment shall
be filed before the lower appellate court in the above said un-numbered
appeal. On filing the proof of payment, the lower appellate court shall
proceed with the appeal by numbering the same if it is otherwise in order
by condoning the delay of the said 987 days. Accordingly, the order under
challenge dated 01.11.2018 is set aside. The lower appellate court is
directed to proceed with the appeal and the same shall be disposed of as
expeditiously as possible preferably within a period of six (06) months
from the date of this order excluding the time taken for the payment of
above said costs.
8. Accordingly, the Civil Revision Petition is disposed of. There shall
be no order as to costs. As a sequel, the miscellaneous applications,
if any, pending shall stand closed.
______________________________
JUSTICE B.KRISHNA MOHAN
February 4, 2022
PKR
THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN
CIVIL REVISON PETITION No. 318 OF 2019
February 4, 2022
PKR
