Telangana High Court
Mohd. Khaleel vs M.K.M Shoukath on 16 July, 2024
Author: P. Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No. 3726 of 2023
ORDER:
This Civil Revision Petition is filed aggrieved by the order
dated 28.11.2023 passed in I.A.No.3158 of 2023 in
A.S.SR.No.14798 of 2023 by the learned Principal District and
Sessions Judge, Ranga Reddy District at L.B.Nagar.
2. O.S.No.9 of 2015 is filed by respondents/plaintiffs for
eviction and mesne profits. The trial Court decreed the Suit.
Aggrieved by the order of the trial Court, the
petitioner/defendant filed A.S.SR.No.14798 of 2023 before the
first appellate Court. I.A.No.3158 of 2023 was filed by the
petitioner/defendant to condone the delay of 272 days in filing
the appeal. The trial Court considering the arguments and the
material on record, dismissed the application. Aggrieved, by
the order of the appellate Court, the petitioner herein filed the
present Civil Revision Petition.
3. Heard both sides. Perused the record.
4. Learned counsel for petitioner contended that petitioner
was affected with acute back pain and being a highly diabetic
patient, the doctors advised the petitioner to take bed rest. The
trial Court did not consider the medical certificate filed by the
petitioner. The petitioner has fair case to succeed as the suit is
filed for eviction of the petitioner herein from the suit schedule
property and by suppressing true and material facts and the
trial Court without appreciating the true facts passed the
judgment. Therefore, requested the Court to set aside the order
of the first appellate Court.
5. The trial Court considering the entire evidence on record
decreed the Suit in favour of respondents/plaintiffs directing
the petitioner/defendant to vacate the suit schedule property
and further directed to pay an amount of Rs.2,500/- per month
to respondents as mesne profits from September 2014 till the
petitioner/defendant evicts the suit schedule property and to
pay future interest @ 12% on Rs.32,5000/- within three
months from the date of decree and also directed to pay
monthly rent of Rs.6,500/- per month to respondents/plaintiffs
till the petitioner/defendant evicts the suit schedule property.
The petitioner intended to file an appeal and came up with
condone delay application. He simply stated that he was ill-
health and he could not file the appeal in time and further
stated that he has no legal knowledge but he engaged a counsel
in the trial Court and also he filed an appeal and engaged a
counsel in the appellate Court, as such his contention that he
has no legal knowledge cannot be considered. The trial Court
clearly stated that in the medical certificate produced by him,
the nature of illness and nature of treatment was not
mentioned and it was not mentioned where he is having serious
illness.
6. Admittedly, the suit for eviction was decreed and the
petitioner herein came up with delay application at a belated
stage and moreover suit was decreed on 14.12.2022. E.P.No.23
of 2023 is filed in March, 2023 and he also filed a vakalat and
he filed the appeal on 13.10.2023.
7. Learned counsel for respondents relied upon a decision
rendered by this Court in Allala Bhagavath Rao and
Garvandula Vijayalaxmi and Others 1 in which it was held
that the sufficient cause must be construed liberally without
adopting any pedantic approach and when the petitioner was
unable to move from the house due to ill-health it is a sufficient
ground to condone the delay.
2015 5 ALD 598
8. Petitioner herein could not prefer the appeal in time and
even if he is suffering with back pain, he can enquire about the
stage of the case through the phone. The reasons stated by the
petitioner for an abnormal delay of 272 days are neither
convincing nor satisfactory and the trial Court rightly dismissed
the application. Therefore, this Court finds no reason to
interfere with the order of the trial Court.
9. In the result, this Civil Revision Petition is dismissed
confirming the order of the trial Court dated 28.11.2023 passed
in I.A.No.3158 of 2023 in A.S.SR.No.14798 of 2023. There
shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
_____________________
P. SREE SUDHA, J
DATE: 16.07.2024
CHS
