The Court allowed a condonation of delay petition requesting restoration of a dismissed second appeal, subject to payment of ₹1,500 costs by the petitioners to the respondents.
Condonation of delay and restoration of Second Appeal subject to payment of ₹1,500 costs.
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CMP No.15977 of 2017
in S.A. No.1979 of 2002
CMP No.15977 of 2017 in S.A. No.1979 of 2002
ABDUL QUDDHOSE, J.
This petition has been filed to condone the delay of 830 days in restoring the order dated 13.10.2014 in S.A. No.1979 of 2002, wherein, this Court had dismissed the appeal filed by the appellant, A.V.Venkat
Rao as abated.
Representatives of the deceased A.V.Venkat Rao and in the affidavit filed in support of the condone delay application, they have stated that they came to know about the pendency of this case only on 03.11.2016,
when they received a notice from the respondents counsel calling upon
them to render accounts. According to the petitioners, immediately
thereafter, they filed this petition in March 2016 without undue delay.
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CMP No.15977 of 2017 in S.A. No.1979 of 2002
the considered view that the Second Appeal can be heard on merits and therefore, this petition, can be allowed subject to the condition that the petitioners, pay costs to the respondents / defendants for this inordinate delay. Accordingly, CMP No.15977 of 2017 is allowed as prayed for, subject to the condition that the petitioners pay the respondents / defendants a sum of Rs.1,500/- (Rupees one thousand and five hundred only) as costs on or before 12.08.2021, failing which this petition shall stand automatically dismissed.
the Second Appeal will stand restored back to file.
22.07.2021
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CMP No.15977 of 2017 in S.A. No.1979 of 2002
ABDUL QUDDHOSE, J.
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CMP No.15977 of 2017
in
S.A. No.1979 of 2002
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1 issue framed by the court
Whether the delay in restoring the second appeal can be condoned.
Abdul Qudduse
As recorded by the court registry
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