Sri C Jaswanth Naga Sreedhar Reddy Vs Madiraju Ramakrishnama Raju

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APHC010078392026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3572] (Special Original Jurisdiction)

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THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 119/2026

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Between:

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SRI C JASWANTH NAGA SREEDHAR REDDY, S/O CHINNADASARI REDDEPPA, AGED ABOUT 37 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 31-39/14, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SMT. M. SARASWATHI,, W/O CHINNADASARI REDDEPPA, AGED ABOUT 65 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 31-39-14, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI M. RAMAMURTHY,, S/O M. OBANNA, AGED ABOUT 70 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 7-265, BATHALAPURAM ROAD, CHOWDEPALLI, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT.

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SRI M. VENKATARAMANA,, S/O M. MANIKANTE OBANNA, AGED ABOUT 61 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 14-72-15-8, CURRENT COLONY, B. KOTHAKOTA VILLAGE, POST AND MANDAL, CHITTOOR DISTRICT.

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SMT C. G. PRATHIBA, , D/O CHINNNA DASARI REDDEPPA, AGED ABOUT 37 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO.31-39-14, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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...APPELLANT(S)

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MADIRAJU RAMAKRISHNAMA RAJU, S/O M. SAMI RAJU, AGED 60 YEARS. CULTIVATION, RESIDING AT D.NO. 3130, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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MADIRAJU PRADEEP RAJU, S/O M. VENKATARAMANA RAJU, AGED ABOUT 34 YEARS. CULTIVATION, RESIDING AT D.NO. 31-30, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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MADIRAJU SUDEEP RAJU, S/O M. VENKATARAMANA RAJU, AGED ABOUT 32 YEARS, HINDU, CULTIVATION, RESIDING AT BALASAMUDRAM VILLAGE, PANDHILLAPALLE POST, CHOWDEPALLE MANDAL, CHITTOOR DISTRICT.

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SMT U SWARUPA, , W/O U. VENUGOPAL, AGED ABOUT 41 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO 25-22/13, NANABALAVEEDI, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI G BRAHMAIAH, , S/O G. GOVINDACHARI, AGED ABOUT 39 YEARS, HINDU, CULTIVATION, RESIDING ATSHIVADI VILLAGE, SANKAR RAYALPETRA POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT.

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SRI V KRISHNAPPA, , S/O VEERA NAGAPPAGARI CHINNA CHANGAPPA, AGED ABOUT 79 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 1-52-1, CHADALLA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI M VISWANADHA REDDY, S/O M. CHENGA REDDY, AGED ABOUT 58 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 30-25, MELUPATLA VILLAGE PUNGANUR POST AND MANDAL, CHITTOOR DISTRICT.

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SMT G THULASI RANI, W/O G. KESAVA REDDY, AGED ABOUT 56 YEARS, HINDU, CULTIVATION, RESIDING AT

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3

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DOOR NO. 27-82/2, POLICELINE VEEDHI, PUNGANUR TOWN, CHITTOOR DISTRICT (DIED).

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SMT S NAJMA, W/O SAKUL AHMED, AGED ABOUT 54 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO. 25-90, MBT ROAD, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI M VENKATA NARAYANA REDDY, S/O M. KONDA REDDY, AGED ABOUT 60 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 31-11, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT

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SRI P MURALI MOHAN, S/O P. VENKATAPPA, AGED ABOUT 37 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 7-116, BAZAR STREET, KANDUR VILLAGE AND POST, SOMALA MANDAL, CHITTOOR DISTRICT.

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SRI M RAMESH BABU, S/O VENKATASUBBIAH, AGED ABOUT 47 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO.L8-502/A62, B BLOCK, 106, CHENGI PLAZA, KT ROAD, TIRUPATI TOWN, CHITTOOR DISTRICT.

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SRI P BHASKAR REDDY, S/O PEDDAPPAIAHGARI CHOWDAPPA, AGED ABOUT 47 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. KURAPPALLI VILLAGE, ARADIGUNTA POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SMT A INDIRA, W/O A. VENKATARAMANA, AGED ABOUT 52 YEARS. CULTIVATION,HINDU, RESIDING AT DOOR NO. 31/95, TEACHERS COLONY, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI U VENUGOPAL, S/O AGISTAPPA, AGED ABOUT 50 YEARS. CULTIVATION, HINDU, RESIDING AT DOOR NO. 25-22/13, NANABALA STREET, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI U DWARAKAPATHI, S/O AGISTAPPA, AGED ABOUT 47 YEARS. CULTIVATION, HINDU, RESIDING AT DOOR NO. 25-22/13, NANABALA STREET, PUNGANUR TOWN,

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4

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CHITTOOR DISTRICT.

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SRI M JAFFAR BASHA, S/O ISMAL SAHEB, AGED ABOUT 47 YEARS, MUSLIM, BUSINESS, RESIDING AT DOOR NO. 2ND MAIN, 7TH CROSS, R.T. NAGAR, BANGALORE CITY, KARNATAKA STATE.

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SRI P JAREENA, W/O P. ASHRAF, AGED ABOUT 65 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO. 28-73/1, KOTHA INDLU, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI D SIRIL, S/O RAJANNA, AGED ABOUT 50 YEARS, CHRISTIAN, CULTIVATION, RESIDING AT MARLOPALLI, MELUMODDDI POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI D FRANCIS, , S/O RAJANNA, AGED ABOUT 47 YEARS, CHRISTIAN, CULTIVATION, RESIDING AT DOOR NO. 1-88, MARLOPALLI, MELUMODDDI POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI D GEORGE, S/O RAJANNA, AGED ABOUT 53 YEARS, CHRISTIAN, CULTIVATION, RESIDING AT HOUSE NO. 12/68, MARIA PURAM, AKKAYAPALH VILLAGE, KADAPA, DR. Y.S.R. KADAPA DISTRICT.

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SRI S M NAZEER, S/O S. MAHAMMAD GHOUSE SAHEB, AGED ABOUT 54 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO. 27-82/5-1, POLICE LINE STREET, CHENGALAPURAM ROAD, 27 BLOCK, PUNGANUR TOWN, CHITTOOR DISTRICT, (DIED).

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SMT 0 BHAGYAMMA, W/O THIMMA REDDY, AGED ABOUT 49 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 27-56-5, CHANDRAKANTH STREET, 27TH BLOCK, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI S R KHADAR SHARIF, S/O S. MOHAMAD KHASIM SAHEB, AGED ABOUT 56 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO.3-5/3, GANGAMMAGUDI VEEDI, NS PETA, PUNGANUR TOWN,

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CHITTOOR DISTRICT.

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SRI M L SURESH BABU, S/O LATE LAKSHMI NARASIMHA SETTY, AGED ABOUT 50 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 477, 6TH MAIN ROAD, 5TH BLOCK, HBR LAYOUT, BANGALORE-560043, KARNATAKA STATE.

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SRI M REDDEPPA, S/O M. MUNIVENKATAPPA, AGED ABOUT 38 YEARS, HINDU, CULTIVATION, RESIDING AT CHERLOPALLI VILLAGE, CHADALALA POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI G SANKAR REDDY, S/O G. VENKAT REDDY, AGED ABOUT 50 YEARS. CULTIVATION, RESIDING AT CHADALALA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI L NARAYANA, S/O L. VENKAT RAMAIAH, AGED ABOUT 52 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 1-101, CHADALALA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI G SUBHASH REDDY, S/O G. GANGADHAR REDDY, AGED ABOUT 44 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO 29-118, MELUPATLA, PUNGANUR POST AND TOWN, CHITTOOR DISTRICT.

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SRI T MOHAMMAD ILIYAS, S/O T. KHADAR BASHA, AGED ABOUT 41 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO. 27-131/6-1, U B COMPOUND, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI H N NAGARJUNA REDDY, S/O NAGAPPA, AGED ABOUT 65 YEARS, HINDU, CULTIVATION, RESIDING AT HEBBINI VILLAGE AND POST, BAIRUKUR HOBLI, MULABAGAL TALUK, KOLAR DISTRICT, KARNATAKA STATE.

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SRI H N PRAKASH RAMCHANDRA, S/O NAGAPPA, AGED ABOUT 60 YEARS, HINDU, CULTIVATION RESIDING AT HEBBINI VILLAGE AND POST, BAIRUKUR HOBLI,

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6

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MULABAGAL TALUK, KOLAR DISTRICT KARNATAKA STATE.

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SRI S ALIM, S/O JILANI, AGED ABOUT 45 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO 28/160, KOTHAPETA, PUNGANUR TOWN, CHITTOOR DISTRICT.

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SRI K NARAYANA, S/O K. MUNISWAMY, AGED ABOUT 55 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 3-1-10, CHERLOPALLI VILLAGE, CHADALLA POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI V RAJASEKHAR, , S/O V. NARAYANAPPA, AGED ABOUT 34 YEARS, HINDU, CULTIVATION, RESIDING AT CHADALLA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI V NAGARAJA, S/O V. KRISHNAPPA, AGED ABOUT 49 YEARS, HINDU, CULTIVATION, RESIDING AT CHADALLA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI P VENKATRAMANA, S/O P. NARAYANA, AGED ABOUT 42 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO. 3-31-1, CHADALLA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI V GOVINDAPPA, S/O V. KRISHNAPPA, AGED ABOUT 57 YEARS, HINDU, CULTIVATION, RESIDING AT DOOR NO.1-52, CHADALLA VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT.

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SRI S KHADAR BASHA, , S/O S. ABUBAKAR, AGED ABOUT 60 YEARS, MUSLIM, CULTIVATION, RESIDING AT DOOR NO. 28-12/9, MADANAPALLE ROAD, PUNGANUR TOWN, CHITTOOR DISTRICT.

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...RESPONDENT(S):

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Appeal Under Section_____against ordersbegs to present this Memorandum of Grounds of Civil Miscellaneous Application aggrieved by the order dated 11.10.2023 in I.A. No. 254 of 2022, in

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O.S.No.l9 of 2022 on the file of the Court of The Court of The II Additional District Judge at Madanapalli, Chittoor District

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IA NO: 1 OF 2026

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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

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IA NO: 2 OF 2026

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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

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IA NO: 3 OF 2026

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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

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Counsel for the Appellant(S):

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1.BHARGAVA RAJU MANTHINA

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Counsel for the Respondent(S):

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The Court made the following:

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

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I.A.No.2 of 2026 IN/AND

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CIVIL MISCELLANEOUS APPEAL NO: 119/2026

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JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)

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In the suit for declaration and permanent injunction filed by the plaintiffs/respondents 1 to 3, temporary injunction has been granted in I.A.No.254 of 2022 by the learned II Additional District Judge at Madanapalli vide order dated 11.10.2023. Challenging the said order, the present appeal has been filed by the defendants.

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I.A.No.2 of 2026 has been filed to condone the delay of 765

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days in filing the appeal. It is supported by an affidavit.

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Sri Avinash, learned counsel representing the appellants’ counsel, referring to the said affidavit submits that in the suit, the trial Court granted an ad-interim ex parte injunction on 11.04.2022 against all the defendants. The appellants have filed the counter and the documentary evidence in the said application. However, by order dated 07.08.2023, the injunction was extended on the ground that the notices issued to the other defendants were pending.

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It appears that C.R.P.No.2213 of 2023 was filed before this Court for expeditious disposal of the injunction petition, in which an order for expeditious disposal was passed on 08.09.2023, and in compliance thereof, the learned Trial Court heard the matter and passed the order dated 11.02.2023, which is impugned in the present appeal.

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In paragraph No.6 of the affidavit, it has been submitted that the petitioners/defendants are ready to compromise, but the learned Trial Court did not entertain the compromise. So, after consulting the advocate, the present appeal was filed challenging the order granting temporary injunction.

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From reading of the entire affidavit, we are unable to find sufficient cause for condonation of delay. There is a delay of 765 days in filing the appeal. It appears that the present appeal has been filed with the object of bringing the respondents to terms and to settle the dispute. Filing the appeal after such a long delay with that object is an abuse of process of the court, for the reason that, even if compromise is to be entered, it should be voluntary and not by trying to create pressure by filing highly belated appeal and on the ground of the pendency of the appeal.

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It is settled in law that delay cannot be condoned on mere asking and unless the cause shown is sufficient, the delay cannot be condoned. In the present case, there is an inordinate delay of 765

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days, which remains unexplained.

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