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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
M Muralikrishna – Appellant
Versus
Masapalli Venkatarathnamma – Respondent
| Table of Content |
|---|
| 1. petitioner filed a delay application for appeal. (Para 1 , 2) |
| 2. respondents argue against delay condonation. (Para 3 , 6 , 7) |
| 3. court deliberates on grounds for delay. (Para 4 , 5 , 8) |
| 4. principles of limitation law outlined. (Para 9 , 10) |
| 5. application to condone delay is dismissed. (Para 11 , 12) |
ORDER :
V. GOPALA KRISHNA RAO, J.
The petitioner/appellant filed the present Interlocutory Application with a prayer to condone the delay of 1221 days in filing the Second Appeal against the Decree and Judgment passed in A.S.No.40 of 2011, dated 31.01.2013 on the file of the III Additional District Judge, (Fast Track Court), Kadapa at Rajampet, in partly allowing the appeal suit filed against the Decree and Judgment passed in O.S.No.61 of 2002, dated 24.02.2011, on the file of the Senior Civil Judge, Rajampet.
2. The case of the petitioner as per the affidavit in brief is as follows:-
The plaintiff Nos. 1 to 3 are the legal heirs of the brother of the petitioner by name Subbanarasaiah, and the father of the petitioner by name Penchalaiah got three sons namely Subbanarasimhulu, who is the husband of the plaintiff No.1 and the father of the plaintiff Nos. 2 and 3, and the pe
The law of limitation must be applied rigidly, and a significant delay in filing appeals cannot be condoned without adequate and credible justification.
The court held that the appellants' explanation for the delay in filing the appeal was not satisfactory and that they were aware of the judgment and decree of the lower appellate court, as evidenced ....
The court emphasized the need for a reasonable explanation for delay in presenting an appeal and highlighted the importance of adhering to the substantive law of limitation.
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
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....
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....
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