O. Yellamma Died Per L.Rs vs J. Veeramma Died Per L.Rs
2021 Latest Caselaw 2841 Tel

       THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

        CIVIL MISCELLANEOUS APPEAL No.46 OF 2020

JUDGMENT :

This appeal is directed against the order dated 04.06.2019,

passed by the Additional Senior Civil Judge, Kothagudem in

I.A.No.327 of 2018 in I.A.No.252 of 2018 in O.S.No.234 of 2013, by

which, the application for restoration of I.A.No.252 of 2018, was

dismissed.

2. Heard both sides and perused the material on record.

3. I.A.No.252 of 2018 was filed for condonation of delay of 133

days in filing the application for setting aside the abatement and

for adding the proposed petitioners/plaintiff Nos.3 to 7. The said

application was allowed on 11.12.2018, however, subject to

condition of payment of costs of Rs.200/- to the respondents

therein, in default, the application shall stand dismissed. As the

said condition was not complied with, the application stood

dismissed.

4. Since the suit is filed for partition and separate possession of

joint family property, as the rights over immovable properties are

involved, this Court is of the considered view that it is a fit case to

give one more opportunity to the appellants/plaintiffs.

5. In view of the above, this appeal is allowed, setting aside the

impugned order dated 04.06.2019. Consequently, the application

in I.A.No.252 of 2018 stands restored and the delay of 133 days in

filing the petition to set aside the abatement and adding of

proposed plaintiff Nos.3 to 7, is condoned, subject to payment of

costs of Rs.200/- to the respondents therein, within a period of one

week from the date of receipt of a copy of this order. No order as to

costs.

Miscellaneous petitions, if any, shall stand closed.

__________________________ T. AMARNATH GOUD, J.

Date: 30-09-2021.

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