ORDER :

I.A.No.1 of 2022

1. The Second Appeal is filed against the decree and judgment, dated 20.06.2019 in A.S.No.57 of 2013 on the file of the XI Additional District & Sessions Judge, Gudivada, Krishna District in which the decree and judgment, dated 01.08.2013 in O.S.No.189 of 2011 on the file of the Principal Junior Civil Judge, Gudivada is confirmed.

2. The I.A.No.1 of 2022 has been filed praying to condone the delay of 1141 days in filing the Second Appeal.

3. The appellants herein are the respondents and the respondent herein is the plaintiff in O.S.No.189 of 2011. The parties hereinafter will be referred to as arrayed in the original suit.

4. The plaintiff filed a suit in O.S.No.189 of 2011 on the file of the Principal Junior Civil Judge, Gudivada, seeking to evict the defendant from the plaint schedule property and deliver vacant possession of the same to the plaintiff.

5. The defendant resisted the claim of the plaintiff by filing written statement. The trial Court basing on the respective pleadings of both parties, after conducting trial, having heard both sides, decreed the suit by its decree and judgment, dated 01.08.2013 directing the defendant to vacate the plaint schedule property within two months from the date of the judgment.

6. Aggrieved by the decree and judgment of the Principal Junior Civil Judge, Gudivada in O.S.No.189 of 2011 dated 01.08.2013, the defendant filed an Appeal under Order XLI Rule 1 & 2 and Section 96 of C.P.C praying the Court to set aside the judgment and decree dated 01.08.2013 passed by the Principal Junior Civil Judge, Gudivada in O.S.No.189 of 2011. During pendency of A.S.No.57 of 2013, the defendant died and vide order in I.A.No.1995 of 2016 dated 11.04.2018 his legal representatives i.e. Appellant Nos.2 to 5 came on record.

7. The 1st Appellate Court having heard the submissions of both parties and proper appreciation of the evidence available on record, dismissed the appeal, confirming the decree and judgment passed by the Principal Junior Civil Judge, Gudivada in O.S.No.189 of 2011 dated 01.08.2013.

8. The unsuccessful appellants filed the present second appeal against the decree and judgment, dated 20.06.2019 in A.S.No.57 of 2013 on the file of the XI Additional District & Sessions Judge, Gudivada. While filing the second appeal, an interlocutory application in I.A.No.1 of 2022 is filed seeking to condone the delay of 1141 days in filing the second appeal.

9. As seen from the averments made in Paragraph Nos.3 to 7 of the affidavit filed along with an application to condone the delay of 1141 days in filing the Second Appeal are extracted hereunder :

“3. The above named respondent filed OS No.189 of 2011 on the file of the Court of the Prl Junior Civil Judge at Gudivada. For eviction which was decreed by decree and judgment dated 01.08.2013. The Trial Court granted two months time to evict the suit schedule property i.e. residential building.

4. The appellate court by decree and judgment dated 20.06.2019 in A.S.No.57 of 2013 filed by the confirmed decree and judgment of the trial court and no time was granted to evict the premises.

5. Since the judgment of the Appellate Court was not obtained in time and it is only on 16.05.2022 vide copy of the application 3027 of 2022 copy was ready on 30.05.2022.

6. Against the said decree and judgment by the above 2nd appeal was filed on 16.11.2022 and the same was returned on 17.11.2022.

7. It is respectfully submitted that even though the appeal was contested on merits, I could not get the information from the counsel on record and it is only when I received notices the executive petition. I came to know the result of appeal and immediately I have taken steps to file the appeal by filing copy application.”

10. On behalf of the respondent/plaintiff, a counter-affidavit has been filed resisting the contention of the appellants herein/defendants to condone the delay. The relevant paragraphs in the counter-affidavit are extracted hereunder :

“4. I submit that ev