Andhra Pradesh High Court - Amravati
Cheni Veeraiah Died vs M/S. Atc Telecom Tower ... on 13 October, 2023
1
THE HON'BLE DR.JUSTICE K. MANMADHA RAO
C.R.P.No.521 of 2017
ORDER:
Aggrieved by the orders dated 10.11.2016 passed in
I.A.No.169 of 2016 in O.S.No. 49 of 2008 on the file of the Court of
Junior Civil Judge, Venkatagiri, (in short 'the court below') the
present revision is filed.
2. The petitioners herein are the defendants 1, 2 and 4; 1st
respondent is the 3rd defendant and 2nd respondent is the 5th
respondent before the court below.
3. The 1st respondent/ 3rd defendant filed an application vide
I.A.No.169 of 2016 in O.S.No. 49 of 2008 before the court below
under Section 5 of Limitation Act to condone the delay of 256 days
in filing the application to set aside the exparte decree dated
10.09.2015 against the 3rd defendant. The said application has
been allowed by condoning the delay by the court below. Assailing
the same the present revision came to be filed.
4. Heard Mr. M. Ravindra, learned counsel for the
petitioners and Mr. E. Poornachander Rao, learned counsel for the
1st respondent.
5. During hearing learned counsel for the petitioners would
contend that the court below erred in allowing the application by a
docket order without assigning any reasons, without considering
the facts mentioned in the counter. It is further contended that the
court below mechanically passed an order without considering the
objections made by the petitioners, though the 1st respondent
herein has approached the court below after long lapse of 256
days, leisurely without assigning any bonafide reason. Therefore
the court below failed to give proper reasoning while allowing the
application. Therefore the impugned order is based on mere
surmises and not in accordance with law. Therefore the revision is
liable to be allowed.
6. Whereas learned counsel for the 1st respondent would
contend that the suit summons were misplaced in the office and
later came to conclusion that the 1st respondent is set exparte and
exparte decree was passed against him on 10.09.2015. Later the
petitioners herein filed execution proceedings. It is further
contended that there was lease agreement between land owner,
who is not made a party in the suit and 1st respondent, though the
person is available and residing in the same village. The plaintiffs
by suppressing the material facts, filed the suit against the 1st
respondent and others, as the plaintiffs are no way concerned with
the suit schedule property and one Cheni Veeraiah (died) is not the
owner of the said land. Therefore the suit itself is not maintainable
as non-joinder of parties i.e Mr. D. Sudhakar Reddy, the lessor,
with whom the 1st respondent have entered into a lease agreement.
Therefore the court below considered the facts and circumstances
of the case and allowed the application by given opportunity to the
1st respondent. Therefore the revision is liable to be dismissed.
7. Perused the record.
8. As could be seen from the counter of the 2nd respondent
wherein it was stated as follows:
The above suit was filed on 19.04.2008. The petitioner
who got himself impleaded as 3 defendant filing petition under
order I Rule 10 C.P.C read with Sec 151 C.P.C was not diligent
to contest the suit. It had not chosen even to file written
statement inspite of taking number of adjournments for it.
Petitioner was set exparte on 19.03.2013. Petitioner has not
taken any steps to set aside exparte orders filed against it on
19.03.2013. It shows that petitioner is negligent and not vigilant
in conducting its case. Suit was decreed on 10.09.2015 in favour
of respondents. The respondents filed E.P.10/2016 in O.S
49/2008 for delivery of possession of plaint schedule property.
The possession of plaint schedule property was delivered by
Court Amin on 23.04.2016. The respondents who are poor
persons after filing suit on 19.04.2008 got decree in their favour
on 10.09.2015 after a lapse of about seven and half years.
Petitioner who got itself impleaded as 3" defendant in the above
suit slept over the matter since 19.03.2013 when it was set
exparte filed this petition with all false averments to further
delay the matter to defeat the ends of Justice. The petition does
not disclose sufficient cause to condone the delay of 256 days.
9. It is the contention of the 1st respondent that the suit
summons are misplaced and the deponent i.e V. Ravi Kumar
joined as legal executive in the 1st respondent company recently
and they came to conclusion that they are set exparte, which is
not a plausible reason to condone the delay. Though, the court
below granted several adjournments and inspite of that the 1st
respondent did not take steps so far. Therefore the court below
passed Judgment.
10. As per status of the suit before the court below, the suit
was decreed on 10.09.2015, directing the defendants therein to
issue vacant possession of the suit land to the plaintiff therein
within two months, failing which the plaintiff is at liberty to get the
same vacated through process of law.
11. However, the court below without assigning any reasons
simply condoned the delay of 256 days. Since the reasons
mentioned in the affidavit filed by the 1st respondent is not
convincing, therefore, the approach of the 1st respondent before
the court below leisurely is not proper. The suit was decreed on
10.09.2015 and directed the defendants therein to hand over
vacant possession of the suit land to the plaintiff within two
months. Therefore, if the delay is condoned, the purpose of
passing the Judgment will be defeated.
12. It is made clear that the 1st respondent filed this revision
only to dodge the proceedings to cause inconvenience to the
plaintiffs only and also to stall further proceedings in the matter.
13. Under the aforementioned circumstances, the C.R.P is
allowed, while setting aside the impugned order dated 10.11.2016.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
___________________________________
DR.JUSTICE K. MANMADHA RAO
Date: 13.10.2023.
KK
THE HON'BLE DR.JUSTICE K. MANMADHA RAO
C.R.P.No.521 of 2017
Date 13.10.2023.
KK
