Sri Kakarla Rajendra Prasad Vs The Authorized Officer [Land Reforms]

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SMT. JUSTICE T. RAJANI

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CIVIL REVISION PETITION No. 1805 OF 2014

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ORDER:

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This Civil Revision Petition is filed assailing the order dated 10.4.2014 by virtue of which the learned II Additional District Judge, Eluru, WG District dismissed I.A.No.20 of 2011 in LRA.No.15 of 2002 filed by the petitioner/appellant under Section 5 of the Limitation Act seeking to condone the delay of 155 days in filing the petition for restoration of the appeal.

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Heard learned Counsel for the petitioner and learned Counsel for the respondent. Perused the material on record.

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The lower Court considered that the medical certificate filed evidencing petitioner’s illness was only for the period from 1.3.2011 to 20.3.2011 and holding that the reasons for the entire delay period are not properly explained, dismissed the petition.

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When delay for substantial period is explained, there is no reason to disbelieve the version of the petitioner put forth with regard to his illness. Hence, in order to facilitate the petitioner to have the matter decided on merits, in the interest of justice, this Court deems fit to set aside the order under revision.

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In the result, the Civil Revision Petition is allowed and the order under revision is set aside. Consequently the delay in filing the petition for restoration of the appeal is condoned subject to payment of costs of Rs.2,000/- by way of depositing in the lower Court on or before 21.8.2019, failing which, the order under revision shall stand confirmed.

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Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed in consequence.

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----------------------SMT T. RAJANI,J

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DATED 7^th AUGUST, 2019 Msnrx

Sri Kakarla Rajendra Prasad v. The Authorized Officer [Land Reforms]

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Sri Kakarla Rajendra Prasad v. The Authorized Officer [Land Reforms]

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