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G. RADHA RANI
Gudemoni Anjaneyulu – Appellant
Versus
Avula Bal Raj – Respondent
JUDGMENT :
G. RADHA RANI, J.
1. This application is filed by the petitioners-appellants to condone the delay of (1244) days in filing the appeal against the judgment and decree dated 27.09.2019 in O.S. No. 79 of 2015 on the file of I Additional District Judge at Mahabubnagar.
2. Heard Sri V. Yadu Krishna Sainath, learned counsel for the petitioners-appellants and Sri S.R. Mahzeed, learned Senior Counsel representing Sri Ahmed Ehtesham Kawkab, learned counsel for the respondent on record.
3. Learned counsel for the petitioners-appellants submitted that the petitioners filed the above appeal against the judgment and decree dated 27.09.2019 in O.S. No. 79 of 2015 on the file of I Additional District Judge at Mahabubnagar. The petitioners engaged a counsel and he assured them that he would take care of the matter and that he would inform them as and when their presence was required for evidence. Reposing confidence on his words, they were in constant touch with their counsel. However, they were never called to the court for their evidence. Recently, in the Month of June, 2023, the petitioners were informed that they lost the case and the judgment was passed in favour of the respondent here
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
Sufficient cause must be shown for condoning delay in appeals; mere allegations of fraud without detailed substantiation are inadequate.
The court held that sufficient cause must be shown to condone delay under the Limitation Act, and mere negligence of legal counsel does not qualify as such.
substantial delay cannot be condoned by mere shifting of the blame on the counsel since the parties are required to keep track of the matter and there was also negligence on the facts of that case de....
The applicant's failure to take appropriate steps despite knowing the delay and the opportunity to challenge the ex parte decree was a key factor in the court's decision to reject the application for....
Negligence in pursuing legal rights disqualifies parties from condoning lengthy delays in appeals, proving insufficient cause under procedural law.
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