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V. R. K. KRUPA SAGAR
Imtiaz alias Imtiaz Basha – Appellant
Versus
J. Sreenivasulu – Respondent
ORDER
This civil revision petition is filed under Section 115 C.P.C. questioning the correctness of an order dated 12.02.2019 of learned Principal District Judge, Kurnool in I.A.No.1294 of 2017 in C.F.R.No.641 of 2017 in A.S.No.——of 2017. Defendant Nos.1 and 2 in the trial Court are the revision petitioners herein. The plaintiff before the trial Court is respondent No.1 herein. Defendant No.3 in the suit is respondent No.2 herein.
2. O.S.No.1267 of 2006 was filed by the plaintiff before learned Principal Junior Civil Judge, Kurnool and the prayer was concerning mandatory injunction for demolition of illegal constructions and for permanent injunction restraining the defendants therein from making any offensive constructions. After due trial, the suit was decreed in favour of the plaintiff. Finding that there was no response from the J.Drs., the decree holder sought for execution and filed E.P.No.4 of 2017 in O.S.No.1267 of 2006. While that execution proceedings were pending, defendant Nos.1 and 2, who lost their defence in the suit, thought of preferring an appeal. In the process, they found that there was 201 days delay and therefore, defendant Nos.1 and 2 filed I.A.No.1294 of 2017
In absence of any delay in filing appeal before first appellate Court, it is a matter of right for the party to a litigation to prefer appeal.
The judgment emphasizes the requirement of showing a sufficient cause for delay under Section 5 of the Limitation Act and highlights that delay condonation should not be based on laches and negligenc....
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
Delay in filing applications must be supported by sufficient cause; courts should not condone delays lightly as it may prejudice the opposite party.
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