Counter Is Not Filed vs Unknown
2023 Latest Caselaw 3377 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                           A.S.No.138 of 2023

                          PROCEEDING SHEET

Sl.                                                                        OFFICE
      DATE                            ORDER
No.                                                                         NOTE
04. 11.07.2023 AVRB,J:
                                I.A.No.1 of 2023
                       Counter is not filed.
                       Heard both sides.
                       This application is filed by the appellant
              to condone the delay of 94 days, on the
              ground that the petitioner due to ill health
              could not file the appeal in time.
                       Learned counsel for the respondent

submits that no proof is filed, to that effect.

For every ill health, which is of short span, there need not be any documentary proof.

The appeal is filed by the appellant challenging the Judgment of the Court below, dismissing the suit of the plaintiff as against the relief of partition.

Having regard to the overall facts and circumstances, the petition is allowed, condoning the delay.

A.S.No.138 of 2023

Registry is directed to list the matter after two weeks along with the other Interlocutory Applications.

_________ AVRB,J MH