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2024 Supreme(AP) 209

B. S. BHANUMATHI
Gaddam Venkata Subbaiah – Appellant
Versus
Bareddi Vivekanada Reddy – Respondent


Advocates appeared:
Sri. Mujtahid Hussain and Ms. V.V. Gnanusha, Counsel for the Petitioner; Sri A.Shyam Sundar Reddy and Ms. P. Kusuma, Counsel for the Respondents.

ORDER

B.S Bhanumathi, J. - This revision is filed under Section 115 CPC challenging the order, dated 29.11.2023, dismissing I.A.No.536 of 2020 in unnumbered appeal filed before the Court of the Principal District Judge, Kadapa, under Order 41 Rule 3A CPC to condone delay of [1113] days in filing the appeal against the judgment and decree, dated 23.01.2017, passed in O.S.No.525 of 2011 on the file of the Court of Additional Senior Civil Judge, Kadapa.

2. The petitioner/appellant filed the suit to cancel the registered sale deed, dated 06.01.2011, executed by him in favour of the defendants and for perpetual injunction. The suit was dismissed on contest. While filing the appeal, I.A.No.536 of 2020 was filed to condone delay of [1113] days in filing the appeal stating that he engaged another advocate to prosecute the case in appeal and that his file relating to the lower Court was misplaced by his previous counsel in his office and the same was traced recently before filing the petition, and therefore, the delay in filing the appeal is neither willful nor wanton.

3. The petition was opposed by filing counter of the respondent/plaintiff. The reasons stated for the delay are unsupported by

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