Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Tatina Kasi Visweswara Rao, S/o Raja Rao – Appellant
Versus
Tatina Sitaratnam Died, Died – Respondent
| Table of Content |
|---|
| 1. details of procedural history and illness explaining the delay. (Para 2) |
| 2. arguments regarding the opposition to petitioner's claims about delay. (Para 3 , 4) |
| 3. court's observations on delay and legal precedents. (Para 5 , 6 , 7) |
| 4. final ruling allowing the petition to condone the delay. (Para 8) |
Order
VENUTHURUMALLI GOPALA
The petitioner/appellant is the 2nd defendant in A.S.No.2 of 2010 and against him and another, the respondent/plaintiff filed the suit in O.S.No.50 of 2001 before the Principal Junior Civil Judge, Tadepalligudem. After full- fledged trial, the Principal Junior Civil Judge, Tadepalligudem, dismissed the said suit against which, appeal suit in A.S.No.2 of 2010 was preferred before the Senior Civil Judge, Tadepalligudem and the said appeal suit was allowed by setting aside the judgment and decree passed by the trial Judge against which, the instant second appeal in S.A.No.385/2023 has been filed by the 2nd defendant.
2. The case of the petitioner as per the recitals of affidavit of the petitioner, in brief, is as follows:
He is the appellant in the second appeal and the second appeal has been filed against the judgment and decree pas
Delay in filing an appeal may be condoned if sufficient cause is established, ensuring justice for both parties involved.
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
