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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
Gogulapalli Khadar Mohiddin Died, (Died) – Appellant
Versus
Gogulapalli Khadar Died, S/O Late Nasuruddin, Muslim – Respondent
| Table of Content |
|---|
| 1. dismissal of applications in civil petitions. (Para 1 , 2) |
| 2. question of reasoned order from lower court. (Para 3 , 4) |
| 3. critical facts regarding the partition suit and awareness. (Para 5 , 6 , 9 , 15) |
| 4. arguments regarding dismissal grounds and necessity for leniency. (Para 7 , 8 , 10 , 16) |
| 5. supreme court's perspective on delay and legal procedure. (Para 11 , 12 , 13 , 14) |
| 6. restoration of the partition suit after review. (Para 18 , 19) |
ORDER :
HARINATH. N, J.
1. The present civil revision petitions are filed, aggrieved by the common order dated 17.07.2022 passed by the learned Senior Civil Judge, Darsi.
2. The learned Judge dismissed the IA.No.16 of 2021, filed under Section 5 of the Limitation Act, 1963 seeking condonation of a delay of 2294 days. IA.No.17 of 2021 was filed under Order XXII Rule 9 of Code of Civil Procedure seeking to set aside the abatement of suit against the deceased plaintiff No.1. The petitioners also filed IA.No.18 of 2021 under Order XXII Rule 3 of Code of Civil Procedure seeking to add the petitioner Nos.3 to 8 in the suit as legal representatives of the deceased plaintiff No.1 and, consequentially, to permit amendment of the plaint. All
A court must adopt a pragmatic approach in condoning delay when substantial justice is at stake, especially in family property disputes, thereby overriding strict adherence to procedural technicaliti....
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
The court established that mere allegations of negligence against counsel do not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act, and the applicant must dem....
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