This Is An Application Filed For ... vs Additional District Judge
2022 Latest Caselaw 1574 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                         MAIN CASE No.A.S.No.609 of 2019
                                      PROCEEDING SHEET

Sl.No     DATE                                                                     Office
                                                ORDER

Note 30.03.2022 RRR, J

I.A.No.1 of 2019

This is an application filed for condonation of delay of 547 days in filing the present appeal.

The appellants, who are arrayed as defendant Nos.6 and 8 in O.S.No.23 of 2009 in the Court of the I Additional District Judge, West Godavari District at Eluru, are said to have purchased plots of land from their vendors, who were arrayed as defendants 1 to 5 in the suit.

The 1st respondent herein had filed O.S.No.23 of 2009 for a declaration that the land purchased by defendants 6 to 10 in the suit are common areas made in the layout by the defendants 1 to 5, and the said common areas could not have been sold to defendants 6 to 10. This suit was allowed by the trial Court by way of the judgment and decree dated 06.10.2017.

Aggrieved by the said order, defendant No.10 had filed A.S.No.867 of 2018, which is pending before this Court. Defendants 6 and 8 in the suit have now filed the present appeal with an application to condone the delay of 547 days in filing the said appeal. The contention of the petitioners herein is that they had relied upon the 10th defendant in the suit to look after their interest and were under the impression that the 10th defendant has included them in the appeal filed by him. However, the petitioners came to know much later, that the 10th defendant had filed the appeal individually without including them as

appellants. Having come to know of these facts, the petitioners claim that they have approached this Court by way of the present appeal.

Sri C. Prakash Reddy, learned counsel appearing for the 1st respondent-plaintiff submits that the contention raised by the petitioners is incorrect as the petitioners were already arrayed as respondents in the appeal filed by the 10th defendant and that they cannot claim that they did not have knowledge of the appeal filed by the 10th defendant alone.

As the appeal by the 10th defendant has already been filed before this Court and the decision in the said appeal would definitely be abide by the 1st respondent as well as the present petitioners, there is no reason to reject the appeal of the petitioners on the ground of delay alone. However, the contention of the petitioners that they were unaware of the fact that the 10th defendant in the suit had included them in the appeal without their knowledge cannot be brushed aside fully.

In the circumstances, this application is allowed condoning the delay of 547 days in filing the present appeal. However, since there has been negligence on the part of the petitioners, it would be appropriate to allow this application subject to the condition of the petitioners depositing a sum of Rs.3000/- in favour of the A.P. High Court Legal Services Authority, within a period of three weeks from today.

_________ RRR, J A.S.No.609 of 2019

Post the appeal on 21.04.2022 along with A.S.No.867 of 2018.

_________ RRR, J Js.