Telangana High Court
Sri N.Narsingh vs Sri P.Sriramulu on 1 August, 2025
Author: P. Sam Koshy
Bench: P. Sam Koshy
Page 1 of 4
THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition No.2538 of 2025
ORDER :
The instant Civil Revision Petition has been filed by the
petitioners under Article 227 of the Constitution of India assailing the
order dated 04.07.2025 in I.A.No.5352 of 2024 in A.S.(S.R.)No.19772
of 2024 passed by the Chief Judge, City Civil Court, at Hyderabad (for
short, 'the impugned order').
2. Heard Mr.Parsa Ananth Nageswar Rao, learned counsel for the
petitioners; and Mr. Madiraju Prabhakar Rao, learned counsel for the
respondent.
3. Vide the impugned order, the Trial Court dismissed the above
I.A.
4. The petitioners herein are defendants in the above suit, and the
respondent herein is plaintiff in the above suit.
5. Pending suit, the petitioners have filed the above I.A. under
Section 5 of the Limitation Act, 1963 praying the Trial Court to
condone the delay of (373) days in filing the above appeal against the
judgment and decree dated 12.07.2023 in O.S.No.781 of 2017 passed
by the V Senior Civil Judge, City Civil Court, Hyderabad.
6. Learned counsel for the petitioners contended that though the
judgment and decree in O.S.No.781 of 2017 was passed on
12.07.2023, on account of ill-health of petitioner No.2 and petitioner
No.1 being the only son is taking care of petitioner No.2, they could
not prefer an appeal within the prescribed time limit. As such, they
have sought for condonation of delay of (373) days in filing the appeal.
He further contended that since petitioner No.1 was taking care of
petitioner No.2 and in addition he was also in a private employment,
therefore under the compelling situation he could not get time to get
the appeal filed on time; and in the process, a delay of (373) days
occurred and therefore the above application is filed seeking for
condonation of delay of (373) days.
7. In the course of deliberations, it has been found that the decree-
holder, i.e., the respondent herein had in fact initiated an execution
proceedings vide E.P.No.8 of 2024 in O.S.No.781 of 2017 under Order
XXI Rule 11 of Civil Procedure code, 1908, in which the petitioners
herein had entered appearance way back on 19.02.2024 and dragged
on the proceedings in the said E.P. on the ground of taking time for
filing of counter for six months; and finally on 30.07.2024, when the
petitioners failed to file their counter-affidavit, their right to file
counter-affidavit in the said E.P. was forfeited, and on 06.08.2024, a
warrant was also issued against the petitioners by the execution court.
The presence of the petitioners before the Execution Court and
engaging a lawyer and continuously taking time for more than six
months falsifies the reasons and explanations given by the petitioners
seeking for condonation of delay of (373) days in filing the appeal.
Moreover, the appeal has been filed much after the warrant was
issued on 06.08.2024 by the Execution Court, and the I.A., viz.,
I.A.No.5352 of 2024 in A.S.S.R.No.19772 of 2024 was filed on
27.08.2024. The fact that proceedings in the Execution Court and the
petitioners seeking time to file counter-affidavit in the execution
proceedings and the appeal before the First Appellate Court being filed
after attachment orders have been passed are all missing from the
above I.A. that is filed for condoning the delay of (373) days in filing
the appeal.
8. In view of the above aforesaid factual matrix of the case running
against the petitioners, this Court is of the considered opinion that
petitioners herein have not been able to make out a strong case calling
for interference to the impugned order passed by the Trial Court.
Therefore, the Trial Court had rightly rejected the above I.A. vide the
impugned order seeking for condonation of delay. Therefore, the Civil
Revision Petition fails and the same deserves to be and is accordingly
dismissed. No costs.
9. As a sequel, miscellaneous petitions pending if any shall stand
closed.
___________________
P. SAM KOSHY, J
Date : 01.08.2025
Ndr
