Andhra Pradesh High Court - Amravati
Addagalla Hanumanjaneyulu vs Palli Srinu on 14 November, 2024
APHC010115912022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
THURSDAY ,THE FOURTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 553/2022
Between:
Addagalla Hanumanjaneyulu ...PETITIONER
AND
Palli Srinu ...RESPONDENT
Counsel for the Petitioner:
1. P N MURTHY
Counsel for the Respondent:
1. BURUGU SRILATHA
The Court made the following:
2
THE HON'BLE SRI JUSTICE NYAPATHY VIJAY
C.R.P.No.553 of 2022
O R D E R:
The present revision is filed against the order dated
02.12.2021 in I.A.No.587 of 2021 in A.S.No...-- of 2021 in
AS.SR.No.3536 of 2020 passed by the Principal Sessions Judge,
West Godavari, Eluru.
2. Petitioner is the defendant. The suit O.S.No.272 of 2012
was filed by the respondent for recovery of money on the basis of
registered mortgage deed. On contest, the suit was decreed on
25.03.2019. Aggrieved by the said order, petitioner filed an
appeal along with an application under Section 5 of the Limitation
Act to condone the delay of 298 days in filing the appeal. As the
said application was dismissed, the present revision is filed.
3. Heard Sri P.N.Murthy, learned counsel for the petitioner and
Sri B.Srilatha, learned counsel for the respondent.
4. It was the case of the petitioner for the delay that he had
shifted to Orissa for eking out his livelihood and is residing there.
It was his case that thereafter he was bed ridden and was unable
to approach his advocate to ascertain the stage of the suit. As
soon as he came to know about the passing of the decree, after
obtaining certified copies of the judgment and decree, the appeal
was filed with delay. The application was opposed by the
respondent. The District Appellate Court passed an elaborate
order rejecting the application.
5. The reasoning given by the petitioner may not be elaborate,
but the singular factor which weighing in his favour is that he had
shifted to Orissa for eking out his livelihood and it was on that
ground he could not file the appeal within the time prescribed.
Considering the social background of the individual, a realistic
view has to be taken.
6. Taking a liberal view in this case, this Court is of the opinion
that in the interest of justice, the delay should be condoned.
7. Since the appeal is un-numbered, the petitioner shall file all
the pleadings, depositions, exhibits and certified copies in a paper
book format and file before the appellate Court within one month
from the date of numbering of the appeal and shall be ready to
argue the appeal. Thereafter, the District Appellate Court shall
endeavor to dispose of the appeal within an outer limit of eight
months.
8. With the above observation, the civil revision petition is
disposed of. No order as to costs. As a sequel, the
miscellaneous petitions, if any, shall stand closed.
__________________
NYAPATHY VIJAY, J
Date: 14.11.2024
KLP
