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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
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 the said applications were dismissed by the learned Judge by a common order.
3. The learned counsel for the petitioner submits that this Court, by order dated 18.10.2022, directed issuance of personal notice to the respondents. It is further submitted that the notices addressed to the respondents were refused by the addressees, and this Court has recorded the service on the respondents as sufficient. There is no representation for the respondents when the ma
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....
The Court emphasized that mere allegations against counsel do not suffice as adequate explanation for a lengthy delay in filing appeals; adherence to statute of limitations is critical.
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