The Respondent Herein Had Filed ... vs Unknown
2023 Latest Caselaw 5400 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                       MAIN CASE No.S.A.No.388 of 2023
                                   PROCEEDING SHEET

Sl.No     DATE                                                                Office
                                             ORDER

Note 09.11.2023 RRR, J

I.A.No.1 of 2023

The respondent herein had filed O.S.No.50 of 2010 before the Senior Civil Judge Srikalahasti for specific performance of the agreement of sale dated 03.08.2006 for purchase of the plaint schedule property. This suit was decreed on 12.02.2015. Aggrieved by the said judgment and decree, the petitioner herein moved A.S.No.55 of 2015. Before the IV Additional District Judge, Tirupati, which was came to be dismissed on 21.03.2022.

Aggrieved by the said order of dismissal, the petitioner has moved this Court by way of the present second appeal on 31.07.2023. However, as there was a delay of 314 days in filing the second appeal the present application is filed to condone the said delay.

The petitioner contends that the said delay was occurred on account of the mediation that was undertaken between the petitioner and the respondent for an amicable settlement of the dispute and the second appeal had to be filed as the respondent was pressing the Execution Petition filed

before the Executing Court.

The respondent has entered appearance and filed a counter affidavit to the said application denying the mediation. It is stated that the ground raised by the petitioner is untenable and as such the same should be declined by this Court.

In view of the fact that the petitioner has been defending the proceedings against the respondent for the past few years, it cannot be said that there was a deliberate attempt to delay the proceedings and a liberal view ought to be taken in the present matter.

In the circumstances, this application is allowed and the delay of 314 days in filing the second appeal is condoned subject to the condition the petitioner paying a sum of Rs.5000/- to the respondent towards costs.

Post on 24.11.2023 for compliance of payment of costs.

_________ RRR, J Js.