Bapathu Vijaya Krishna Reddy vs Kaipu Channakesava Reddy
2023 Latest Caselaw 5649 AP

Andhra Pradesh High Court - Amravati

Bapathu Vijaya Krishna Reddy vs Kaipu Channakesava Reddy on 28 November, 2023

                   HIGH COURT OF ANDHRA PRADESH

                      MAIN CASE A.S.No.216 OF 2022

                          PROCEEDING SHEET

Sl.
No       DATE                                                    OFFICE
                                    ORDER

NOTE

BVLNC, J

07. 28.11.2023

Heard Sri M.Sri Atchyut, learned counsel representing Sri EVVS Ravikumar, learned counsel for petitioners.

Heard Sri P.Vijaya Kiran, learned counsel for respondents.

This application is filed U/s.5 of Limitation Act, 1963 to condone delay of 1030 days in filing the appeal.

The reason assigned for the delay is that the suit was disposed of on 10.06.2019, and at that time the appellant was suffering from ill-health and later due to Covid-19, for a period of two years i.e., from March, 2020 till March 2022, the appellant could not file copy application before the concerned Court to get certified copy of judgment and decree, and later filed copy application in January, 2022 and certified copies were issued in the month of March, 2022 and therefore, the appeal was filed subsequently.

(Contd.,) ::2::

Considering the above circumstances, and as major portion of delay was admittedly would fall within the period of Covid-19, this Court is of the considered opinion that the delay can be condoned, however, by imposing certain terms and conditions in the circumstances of the case.

Accordingly, the petition is allowed, on payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to the learned counsel for respondents within four (04) week, failing which, the petition stand dismissed.

___________ BVLNC, J psk Note: C.C. by tomorrow. psk

List on 09.01.2024.

___________ BVLNC, J psk