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K. SARATH
Goli Venakatanarsimha Reddy – Appellant
Versus
Meka Aruna – Respondent
JUDGMENT
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order dtd. 22/12/2021 passed in I.A.No.20 of 2021 in O.S.No.4 of 2018 on the file of Senior Civil Judge at Jangaon, whereunder the petition filed by the revision petitioners to condone the delay of 854 days in filing the application to set aside the ex parte decree passed in O.S.No. 4 of 2018 was dismissed.
2. Heard Sri A.Venkatesh, the learned Senior Counsel for the petitioners and Sri D.V.Chalapathi Rao, the learned Counsel for the respondent.
3. The learned Senior Counsel for the revision petitioners submits that the respondent herein filed a suit in O.S.No.4 of 2018 on the file of Senior Civil Judge, Jangaon for partition and separate possession against the petitioners herein/defendants 1 to 6 on the premise that the plaintiff and defendant Nos.2 to 6 are the children of defendant No.1 and Goli Soma Reddy and the said Goli Soma Reddy during his life acquired suit schedule property and upon his death on 4/12/2012 the suit schedule properties were devolved upon the plaintiff and the defendants 1 to 6 and therefore the respondent filed the suit for partition and separa
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 right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
Courts may take a liberal view to condone delay in filing applications, considering the reasons for delay and the nature of the case.
The court emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
A co-defendant lacks locus standi to challenge the order setting aside an ex-parte decree in a partition suit.
The court ruled that delays in filing petitions can be condoned if sufficient cause is shown, emphasizing the importance of adjudicating cases on their merits.
The court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
The need for valid reasons for delay in condonation petitions and the lack of bona fides in explanations for delay influenced the court's decision.
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