KONDAIAH, LAKSHMAIAH
Mir Sardar Ali Khan – Appellant
Versus
Special Deputy Collector, Land Acquisition (Industries), Hyderabad – Respondent
ORDER :
KONDAIAH, J.
The applications, viz., C.M.P. No. 8289/72 praying to condone the delay of 104 days in filing the application to set aside the judgment and decree, in C.C.C. No. 156/68 dated 19-4-1972 and G.M.P. No. 8288/72 praying to add the petitioners therein as party respondents in C.C.C.A. No. 156/68, are preferred under section 151 C.P.C. and Order I. Rule 10 read with Sec. 151 C.P.C. respectively. The main application, i.e., C.M.P. No. 8288/72 would arise for decision only if the delay of 104 days in filing the set aside application is condoned. We shall, therefore, first advert to the question whether sufficient cause within the meaning of section 5 of the Limitation Act has been shown by the petitioner for condonation of the delay.
1. The appeal preferred by the Special Deputy Collector, Land Acquisition, Industries, Hyderabad questioning the enhancement of the market value of the acquired property from Rs. 944/- to Rs. 1500/- per acre, was dismissed by us on 19-4-1972. That appeal arose out of the judgment of the lower court in O.P. No. 362/65. The petitioners were admittedly not parties to the appeal as well as to the O.P. No. 362/65. The contention of Mr. C, Seethara
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