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A. SANTHOSH REDDY
Lankadasari Lachaiah – Appellant
Versus
Lankadasari Venkatamma – Respondent
ORDER:
This civil revision petition is directed against the order dated 22.02.2021 in I.A.No.69 of 2019 in C.F.No.1026 of 2012 in an unnumbered first appeal on the file of the learned IX Additional District Judge, Sircilla, wherein the said application filed by the petitioners herein under Order XLI Rule 3(A) CPC to condone the delay of 645 days in filing the appeal against the judgment and decree dated 01.05.2017 passed by the Junior Civil Judge, Vemulawada in O.S.No.84 of 2011, was dismissed.
2. Heard the learned counsel for the petitioners. None appeared for the respondent, through served with notice. Perused the record.
3. Petitioners 1 and 2 herein are defendants in the suit. The suit was filed by the respondent/plaintiff for perpetual injunction restraining the defendants, their agents and workmen from entering into and interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. The said suit was decreed by the trial court by judgment dated 01.05.2017. Aggrieved by the same, the petitioners filed appeal before the learned IX-Additional District Judge. As there was a delay of 645 days in filing the appeal, the petitioners filed I.A.No.
The main legal point established in the judgment is that the expression 'sufficient cause' for condonation of delay should be construed liberally on facts, but a distinction can be made between delay....
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....
Unexplained delay cannot be condoned under Sec. 5 of the Limitation Act, 1963.
Condonation of delay requires establishing 'sufficient cause' through diligent conduct. A liberal approach to the law of limitation cannot be invoked to revive stale matters or excuse negligence when....
A mere claim of Counsel's neglect does not suffice for condonation of delay without establishing sufficient cause; litigants maintain responsibility for timely action.
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.
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