This order dismisses a petition for condonation of delay under Section 5 of the Limitation Act and rejects a Second Appeal due to non-appearance of counsel after repeated adjournments viewed as abandonment.
I.A. No. 1 of 2023 for condonation of delay dismissed; Second Appeal No. 265 of 2023 rejected.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE V SRINIVAS
I.A.No.l OF 2023
IN/AND
SECOND APPEAL NO: 265 OF 202.1
Appeal filed under section 100 of C.P.C aggrieved by the Judgment and Decree dated 06.07 2022 irr A.S.No.148 of 2016 passed by the XIII Additional District and Sessions Judge, at Narasaraopet confirming the Judgment and Decree in O.S. No. 86 of 2015, dated 25.10.2016 passed by the Additional Senior Civil Judge, at Narasaraopet
Between:
RetiiTpf Kalyani Sundar, S/o. Lt. Sri D, Venkateswarlu, Aged 84 Years Occ 4 vSavi cSonf S.R.K® Puram, llSd n“ 4, vasavi Colony, Saroor Nagar, Ranga Reddy District.
...APPELLANT/APPELLANT/PLAINTIFF AND
...RESPONDENTS/RESPONDENTS/DEFENDANTS
lA NO: 1 OF ?n7.7
Pehtion under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 220 days in representingthe SASR.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 1. dispense with in filing the certified copies of the Judgment and Decree dated ?5|..p^:07.2022 in A.S.No.148 of 2016 passed by the XIIIAddl.DistrictandSessions ■'t ^^ydge, at Narasaraopet and Judgment and Decree inO.S.No.86of2015,dated >^-1'<3-2016, passed by the Additional Senior Civil Judge at Narasaraopet. f-
Counsel for the Appellant: SRI GOPALA KRISHNA KALANIDHI
Counsel for the Respondents: NONE
The Court made the following:
THE HON’BLE SRI JUSTICE V.SRINIVAS
I.A.No.1 of 2023 IN/AND SECOND APPEAL No.265 of 2023
ORDER:
I.A.No.1 of 2023 is filed to condone the delay of 220 days in preferring the appeal against the decree and judgment dated 06.07.2022 in A.S.No.148 of 2016 on the file of the Court of learned XIII Additional District Judge, Narasaraopet, whereby the said learned Judge while dismissing the appeal, confirmedthedecree and judgment, dated 25.10.2016, of the learned Additional Senior Civil Judge, Narasaraopet, in O.S.No.86 of 2015 filed by the plaintiff. 2. The petitioner is the plaintiff and the respondentsare.the defendants in the above suit, which was filed to declare the sale deed as null and void and to direct the defendants to handover the physical possession of the suit schedule property and for permanent injunction.
2
Mr.Arjun, learned counsel representing Sri Gopal Krishna Kalanidhi, learned counsel for the petitioner/appellant was appearedandwas not taken seriousness of the matter and simply sought adjournment. Again, on 22.09.2023 also, as there was no representation for the petitioner, it was directed to list the matter under the caption ‘for dismissal’. On 03.10.2023 also, though there was no representation for Sri Gopal Krishna Kalanidhi, learned counsel for the petitioner/appellant, in order to give one more opportunity, this Court directed to list the matter to 09.10.2023. 4. ' In spite of listing the matter under the caption ‘for dismissal’, today also, there is no representation for Sri Gopal Krishna Kalanidhi, learned counsel for the petitioner neither in the morning nor in the afternoon.
- In view of the above circumstances, I.A.No.1 of 2023 iIS dismissed. 6. In view of dismissal of I.A.No.1 of 2023, the Appeal Suit stands rejected. Consequently, I.A.No.2 of 2023 is closed. No costs.
SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// COSECTION OFFICER
To, 9 Xm Additional District and Sessions Judge, Narasaraopet 2. The Additional Senior Civil Judge, Narasaraopet. 3. One CC to Sri Gopala Krishna Kalanidhi, Advocate fOPUCl 4. Three CD Copies MV ssb
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HIGH COURT
DATED: 09/10/2023
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ORDER
I.A No.1 OF 2023 IN/AND SA.No.265 of 2023
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DISMISSING THE I.A No. 1 OF 2023 REJECTING THE S.A No.265 OF 2023
RetiiTpf Kalyani Sundar
Movva Padrnavati
V. Srinivas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
