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V. R. K. KRUPA SAGAR
Vartha Venkata Subbamma – Appellant
Versus
Vartha Govindamma (Died) – Respondent
ORDER :
1. This Civil Revision Petition filed under article 227 of the Constitution of India assails the order in I.A.No.366 of 2019 of learned Principal District Judge, Nellore.
2. The facts leading to the present Revision Petition are as mentioned below:
A woman and her two sons together filed O.S.No.14 of 2009 before learned Senior Civil Judge, Kovur of Nellore District seeking partition of plaint schedule properties and grant separate possession of 1/3rd share of plaint schedule property and for costs and such other reliefs. The said suit was laid against 5 defendants and on contest issues were settled and suit was tried and by a judgment dated 28.11.2017, the learned trial Court dismissed the suit. While answering the contested facts, the learned trial Court observed that plaint schedule properties were not available for partition and they were personal properties of defendant No.1.
3. The plaintiffs who lost the suit by the judgment dated 28.11.2017 intended to prefer an appeal and the time available for preferring the appeal was up to 28.11.2017. By that outer date they did not prefer the appeal. However long thereafter, those three plaintiffs filed I.A.No.366 of 2019 under S
In absence of any delay in filing appeal before first appellate Court, it is a matter of right for the party to a litigation to prefer appeal.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The main legal point established in the judgment is the application of the principles of condonation of delay, emphasizing a liberal, pragmatic, justice-oriented approach and the elastic nature of th....
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