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SHAMEEM AKTHER
G. Ravi – Appellant
Versus
R. Venkatesh – Respondent
ORDER :
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, challenging the order, dated 10.02.2022, passed in I.A.No.421 of 2020 in A.S.(SR) No.2495 of 2020, by the XVI Additional District Judge, Ranga Reddy District at Malkajgiri, whereby, the subject I.A.No.421 of 2020 filed under Section 5 of the Limitation Act by the petitioner/plaintiff to condone the delay of 541 days in filing the subject A.S.(SR) No.2495 of 2020, was dismissed.
2. Heard the submissions of Sri Police Venkat Reddy, learned counsel for the petitioner/plaintiff, Sri Y.Satya Kumar, learned counsel for the respondent/defendant and perused the record.
3. The petitioner/plaintiff filed O.S.No.174 of 2016 on the file of I Additional Junior Civil Judge, Cyberabad at Malkajgiri, Ranga Reddy District against the respondent/defendant seeking perpetual injunction in respect of the suit schedule property. The respondent/defendant contested the said suit. The trial Court dismissed the said suit on merits, vide judgment and decree, dated 01.04.2019. Challenging the said judgment and decree, the petitioner/plaintiff preferred an appeal in A.S.(SR) No.2495 of 2020
If a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party, the valuable right that has accrued to it in law.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The law of limitation is based on the principle that parties should seek their remedy promptly, and the courts are not to extend the period of limitation on equitable grounds.
Diligence and urgency are crucial in pursuing legal remedies, and the absence of satisfactory explanation and good faith may lead to the dismissal of an application for condonation of delay.
The Court can only condone a delay if there is a "sufficient cause" behind such delay, and the reasons provided for the delay must not be non-serious or lacking in diligence.
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