HON'BLE SRI JUSTICE A.SANTHOSH REDDY
CIVIL REVISION PETITION No.1887 of 2019
ORDER:
This revision is directed against the order dated 23.04.2019
in I.A.No.413 of 2019 in CMA(SR) No.515 of 2019 on the file of
the Chief Judge, City Civil Court, Hyderabad.
2. I have heard the submissions of learned counsel for the
petitioner and learned counsel for the respondent. Perused the
record.
3. The petitioner filed above CMA against the order dated
26.11.2018 in I.A.No.758 of 2018 in O.S.No.1541 of 2018 against
the respondent. The petitioner filed copy application on 27.11.2018
in-person and the same was returned on 03.01.2019 with certain
office objections. But, he failed to resubmit the same.
Subsequently, the petitioner filed fresh copy application on
26.12.2018 and a copy of the judgment and decree was supplied on
02.01.2019. Therefore, the delay of (23) days was occurred in
filing the CMA. The respondent resisted the same by filing
counter-affidavit. On consideration of the material on record, the 2
learned Chief Judge, City Civil Court, Hyderabad dismissed the
application vide order dated 23.04.2019 on the ground that the
reasons assigned by the petitioner were neither satisfactory nor
convincing and which demonstrated his negligence.
4. Challenging the same, the present Civil Revision Petition is
filed.
5. A perusal of the material on record disclose that the
petitioner filed the CMA (SR) No.515 of 2019 against the order in
I.A.No.758 of 2018 in O.S.No.1541 of 2018 dated 26.11.2018 with
delay of (23) days. The petitioner stated that the copy application
was filed by him on 27.11.2018 in person and the same was
returned with some office objections on 03.01.2019. But, he could
not resubmit the same in time. Subsequently, he got filed fresh
copy application on 26.12.2019 and a copy of judgment and decree
was supplied to him on 02.01.2019. It is contended that delay of
(23) days was occurred due to inadvertence, but not intentional.
The respondent contended that the petitioner has failed to assign
valid reasons and he filed the copy application on 27.11.2018 and
the same was returned on 03.01.2019, after lapse of 37 days which 3
is false and baseless. The reason assigned by the petitioner clearly
demonstrates that there was negligence on his part in resubmission
of the same and the day to day delay has not been properly
explained by him with valid reasons. The petitioner has also failed
to make out any case showing the reasonable grounds and
sufficient cause to condone the delay. Therefore, the trial Court
has rightly refused to allow the application.
6. For the foregoing reasons, I do not find any reasonable
grounds to condone the delay in filing the CMA (SR) No.515 of
2019. The impugned order does not suffer from any infirmity or
illegality warranting interference by this Court.
7. Accordingly, the civil revision petition is dismissed.
Miscellaneous applications, if any, pending shall stand closed. No
order as to costs.
______________________________ JUSTICE A.SANTHOSH REDDY 03.01.2023 Nvl 4
