Indluru Subrahmanyam Reddy vs Mukka Lalithamma
2022 Latest Caselaw 8669 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.349 of 2022
                                  PROCEEDING SHEET
Sl.      Date                               ORDER                               OFFICE
No.                                                                              NOTE

5.    11.11.2022
                   SRS,J
                                       I.A.No.1 of 2022
                           This petition is filed to condone delay of 54
                   days in filing the present second appeal to condone
                   the delay of 54 days in filing the present second
                   appeal.

                           In the affidavit filed in support of the petition,
                   it was contended that the petitioner contacted his
                   Advocate on 12.06.2022 to file appeal and his
                   counsel in turn directed the petitioner to get the
                   entire lower Court record. Therefore, the petitioner
                   approached his counsel appearing in the lower Court
                   to get the file, but he asked the petitioner to come a
                   month after as he was not available in the town. In
                   the said process, delay of 54 days occurred in filing
                   the present appeal and there is no willful negligence
                   on the part of the petitioner.

                           Respondent No.1 filed counter opposing the

application and contended that day to day delay was not explained and no cogent reasons were given to condone delay of 54 days.

No counter is filed on behalf of respondent No.2.

Heard both sides.

The suit is filed by the respondents for partition of the suit schedule property. The suit was decreed and preliminary decree was passed. The appeal filed by the petitioner was dismissed by judgment and decree, dated 07.02.2022.

There is no delay on the part of the petitioner in approaching the counsel to file appeal. However, since Advocate directed the petitioner to get entire lower Court record, the delay has occurred. Petitioner has shown sufficient cause to condone delay.

In view of the facts and circumstances of the case, this petition is ordered and the delay of 54 days stands condoned.

______ SRS,J

S.A.No.349 of 2022

List on 18.11.2022.

______ SRS,J ikn