This court rejected a Civil Revision Petition filed late by a petitioner challenging an order dismissing a condonation of delay application. The court dismissed an interim application seeking condonation of the 516-day delay.
I.A.No.1 of 2021 is dismissed and the C.R.P. is rejected.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO I.A.No.1 of 2021 IN/AND CIVIL REVISION PETITION No.324 of 2021
ORDER:
The petitioner herein had filed O.S.No.300 of 2010 in the Court of I Additional Senior Civil Judge, Nellore against the respondent herein for declaration of title and possession of suit schedule property. The suit was dismissed for default on 03.01.2012, as the petitioner herein, who was to be examined as P.W.1, was absent. Thereafter, an application was filed by the petitioner for setting aside the ex parte decree. As there was delay in filing the said application, I.A.No.401 of 2013 was filed for condonation of delay of 177 days in filing the application. This application was dismissed by the trial Court on 18.07.2018. Thereafter, the present revision petition has been filed by the petitioner. As there was delay in filing the revision petition, the petitioner had filed I.A.No.1 of 2021 for condonation of delay of 516 days in filing the present C.R.P.
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As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
22.12.2021 SDP
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
I.A.No.1 of 2021 IN/AND CIVIL REVISION PETITION No.324 of 2021
22-12-2021
SDP
2 issues framed by the court
Whether to excuse delay of 516 days in filing the revision petition on the ground that the petitioner's counsel did not inform her of the dismissal of the application to condone delay.
Whether the period for delays exempted due to the COVID-19 pandemic should be excluded for calculating limitation in a revision petition filed after the limitation period expired.
Petitioner
Respondent
R. Raghunandan Rao
As recorded by the court registry
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