Allowed

Odigi Savitramma, v. G.Chinnamadu

Telangana HC9 Apr 2013CRP/337/2013

Case brief

AI extract

What is this about?

In a revision petition, the Court allowed condonation of a 368-day delay in filing an appeal against a civil decree. The delay was attributed to the misplacement of the case bundle in the petitioner's advocate's office. The impugned order dismissing the application for condonation was set aside.

What did the court decide?

Condonation of delay in filing appeal allowed; Impugned order dated 17.08.2012 in I.A.No.523 of 2012 set aside; I.A.No.523 of 2012 allowed.

Odigi Savitramma, Vs G.Chinnamadu — Civil Procedure and Limitation | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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CRP No.337 OF 2013

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ORDER:

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1 The defendants are the petitioners herein. First petitioner is the father of the second petitioner and the third petitioner is their relation. Questioning the judgment and decree dated 14.12.2010 passed in O.S.No.219 of 2007, the petitioners herein preferred an appeal before the learned District Judge at Vizianagaram with a delay of 368 days. Along with the appeal, the petitioners filed I.A.No.523 of 2012 seeking condonation of the said delay. By order dated 17.08.2012, the learned District Judge dismissed the said I.A. Aggrieved by the same, the present revision is filed.

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2 The learned counsel for the petitioners mainly contends that the delay is due to misplacement of the bundle in the office of his counsel in the lower court and as such the same is neither willful nor wanton.

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3 On the other hand, the learned counsel for the respondent would contend that after analyzing the material available on record, the learned District Judge has rightly dismissed the said I.A, which warrants no interference from this Court.

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4 The material placed before the Court would indicate that the judgment and decree in O.S.No.219 of 2007 was passed on 14.12.2010. Copy application for the said judgment and decree was made on 20.12.2010. Stamps were called for on 31.12.2010 and the same were deposited on 05.01.2011. After depositing the stamps, copy was made ready and the petitioners took delivery of the certified copy of the judgment on 24.01.2011. It is true that immediately after taking delivery of the certified copy of the judgment, no appeal was filed. The reason being that the bundle in O.S.No.219 of 2007 was misplaced in the office of their advocate and the same was traced out recently when they are searching for another file. On coming to know about the same, the petitioners filed appeal before the learned District

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Judge with a delay of 368 days.

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5 The delay in filing the appeal was merely due to bundle being misplaced in the office of the Advocate for the petitioners. That being so, it cannot be said that the delay in filing the appeal is either willful or wanton. Though day to day delay has not been explained but in view of the facts and circumstances of the case and for the reasons assigned in the affidavit filed along with the I.A, the delay of 368 days in filing the appeal is hereby condoned.

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6 For the aforesaid reasons, the CRP is allowed and the order dated 17.08.2012 passed in I.A.No.523 of 2012 in un-numbered Appeal Suit in GR.No.1679 dated 29.02.2012 on the file of the District Court, Vizianagaram is set aside. Consequently I.A.No.523 of 2012 shall stand allowed. No order as to costs.

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C. PRAVEEN KUMAR, J.

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Date: 09.04.2013 Kvsn*

Odigi Savitramma, v. G.Chinnamadu

Case brief

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Odigi Savitramma, v. G.Chinnamadu

Case brief

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