Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Kaneez-E-Abida Begum – Appellant
Versus
Anjuman-E-Moinul Akwan, Hyderabad – Respondent
ORDER :
1. This Civil Revision Petition is filed by the petitioner against the order of the trial Court dated 23.01.2019 in I.A. No.707 of 2014 in RA(SR) No.4543 of 2014, wherein, the petition is filed under Section 5 of the Limitation Act to condone the delay of 356 days in filing the appeal against the eviction orders, dated 09.10.2013 in R.C.No.366 of 2008.
2. The brief facts of the case are that the petitioner is not personally attending to the Tribunal due to her old aged ailments, and her husband was attending. After the death of her husband, the petitioner and other legal heirs were not attending the Tribunal because her elder son is residing in abroad for his livelihood and younger son is not abled person. It is further alleged that she had no knowledge about the pendency of the application before the Rent Controller and without her knowledge, notice eviction orders were passed on 09.10.2013, and she came to know about the eviction orders only when the Field Assistant came along with Police Officials to PSP for vacating her, and all of a sudden, they got vacated her and her family members on 15.09.2014 pursuant to the delivery warrant issued in E.P.No.13 of 2014, and thus, re
The court must adopt a liberal and pragmatic approach in considering applications for condonation of delay under Section 5 of the Limitation Act, prioritizing substantial justice over technicalities.
The main legal point established in the judgment is the requirement to show sufficient cause for condonation of delay under Section 5 of the Limitation Act.
Due diligence and prompt action are essential in pursuing litigation, and parties cannot use health issues or distance as excuses for delaying legal proceedings.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The successful litigant has acquired certain rights based on the judgment under challenge, and a liberal and justice-oriented approach is required in the exercise of power under Section 5 of the Limi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
