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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Baltha Lingaiah – Appellant
Versus
Boda Ramachandra Reddy – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Sri P. Venugopal, learned Senior Counsel representing Mr. P. Sathwik Reddy, learned counsel for the petitioners and Mr. Ghanshyamdas Mandhani, learned counsel representing Mr.Aditya Mandhani, learned counsel appearing for respondent No.1. With the consent of both the learned counsel, this CRP is disposed of at the admission stage.
2. This Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the order dated 29.01.2025 passed in I.A. No. 433 of 2023 in O.S. No. 21 of 2018 by the learned Senior Civil Judge – cum – Assistant Sessions Judge, at Peddapalli. Vide aforesaid order, learned trial Court dismissed the application filed by the petitioners filed under Section 5 of the LIMITATION ACT , 1963, to condone the delay of 186 days in filing an application under Order 9 Rule 13 of CPC to set aside the exparte judgment and decree dated 27.12.2022.
Facts of the Case:-
3. 1st respondent/plaintiff had filed a suit in O.S.No.21 of2018 against the petitioners and respondents 2 to 6 herein for partition, recovery of possession and also to declare registered documents as null and void. The said suit was decreed on 27.12.2022. It is
The court held that a revision under Article 227 is not maintainable when an alternative remedy of appeal is available following the dismissal of an application for condonation of delay under the Lim....
Setting aside ex-parte decree – Filing of application under Order IX Rule 13 CPC as well as filing of appeal under Section 96(2) of CPC against ex-parte decree are concurrent remedies available to a ....
The sufficiency of the cause for delay is the primary criterion for condoning delay under the Limitation Act, not merely the length of the delay.
The rejection of applications for condonation of delay in filing petitions under Order 9 Rule 13 of CPC leads to the dismissal of the main petitions, making them appealable under Order XLIII Rule 1(d....
The main legal point established in the judgment is that when substantial evidence is available on record, and the Court exercises its powers under Order 17 Rule 2 and Order 17 Rule 3 of CPC, the rem....
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