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2023 Supreme(Telangana) 418

CHILLAKUR SUMALATHA
B. Prem Kishore (Died per LRs. ) B. Vijay Laxmi – Appellant
Versus
Hyderabad Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. Darshini.
For the Respondent: Ambatipudi Vaishnavi.

ORDER :

1. This is an application filed under Section 5 of the Limitation Act seeking the Court to condone the delay of ‘1100’ days in filing the petition to bring the Legal Representatives of the deceased-appellant on record.

2. Heard Smt. B. Darshini, learned counsel representing the petitioners as well as Ms. Ambatipudi Vaishnavi, learned counsel appearing for the respondents.

3. Making her submission, learned counsel for the petitioners states that the 1st petitioner is the wife and petitioner Nos. 2 to 5 are the married daughters of the deceased-appellant and as they were not aware of the pendency of the appeal, they could not move an application within time to come on record as legal representatives of the deceased-appellant and therefore, the delay occurred may be condoned. Learned counsel for the petitioners also states that indeed, there is no such delay and they have come on record within time.

4. Vehemently opposing the submission thus made, learned counsel for the respondents states that the appellant died on 07.07.2017 and the present application to condone the delay is moved on 24.11.2022 and therefore, there is about five years of delay in moving the application and thus

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