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2025 Supreme(Telangana) 1996

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda, J.
Smt. Komire Laxmi - Petitioner
Versus
Sri Keshireddy Jaipal Reddy - Respondent
Civil Revision Petition Nos.2265 & 1796 of 2019
Decided On : 18-12-2025

Advocates:
Advocate Appeared:
For the Appellant : Bethi Venkateswarlu
For the Respondent: N Janardhan Reddy

The court underscored the importance of considering the humanitarian aspects in legal proceedings, especially for litigants from socio-economically disadvantaged backgrounds, allowing for the condonation of delay in legal filings.

Headnote:(A) Code of Civil Procedure, 1908 - Order IX Rule 13 - Limitation Act, 1963 - Civil Revision Petition allowed to condone delay of 689 days in setting aside ex-parte decrees on grounds of the petitioner’s illiteracy and inability to follow legal processes due to familial responsibilities. The trial court failed to adequately consider the humanitarian circumstances of the petitioner, a widow with minor children, thus necessitating intervention by the High Court as the reasons provided constituted sufficient cause. (Paras 8, 12, 24, and 25)

(B) Right to fair trial - The court emphasized the need for advocates to actively inform and advise their clients, especially those from rural backgrounds who may lack knowledge of procedural requirements. (Paras 21 and 22)

Facts of the case:
The petitioner, a widow, contended she was unable to pursue her case due to engagement with her children and farming responsibilities, leading to a significant delay in filing applications to set aside ex-parte decrees rendered against her in suits filed by the plaintiffs for perpetual injunctions.

Findings of Court:
The High Court recognized the petitioner’s plight, highlighting the need for compassion in evaluating her reasons for delay. The court found sufficient grounds to condone the delay and set aside the earlier orders.

Issues: The principal issues discussed were the justification for the delay in filing to set aside ex-parte decrees and whether the reasons given constituted sufficient cause for relief from those decrees.

Ratio Decidendi: The High Court ruled that the combination of the petitioner’s socioeconomic situation and legal knowledge deficits warranted a different approach, allowing for the delay to be condoned.

Result: Civil Revision Petitions are allowed, and the orders of the trial court are set aside.

Table of Content
1. petitioner initiates civil revision for injunction order. (Para 1 , 2 , 3 , 5 , 6)
2. arguments regarding delay in filing and possession of land. (Para 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 19 , 21)
3. court's considerations on petitioner's circumstances. (Para 12 , 18 , 20 , 22 , 23 , 24 , 25)
4. court allows revision petition and sets aside previous orders. (Para 26)

ORDER :

Narsing Rao Nandikonda, J.

Since both the Civil Revision Petitions have been filed by the same petitioner, though arising out of different suits, and as the pleadings in both the revisions are similar, they are heard together and disposed of by this common order.

2. C.R.P.No.2265 of 2019 is filed seeking to set aside the Order dated 14.11.2018 in I.A.No.1028 of 2017 in O.S.No.186 of 2014 passed by the learned Principal Junior Civil Judge, Huzurabad.

3. C.R.P.No.1796 of 2019 is filed seeking to set aside the Order dated 14.11.2018 in I.A.No.1030 of 2017 in O.S.No.187 of 2014 passed by the learned Principal Junior Civil Judge, Huzurabad.

4. Heard Mr.Bethi Venkateshwarlu, learned counsel for the petitioner/defendant in C.R.P.No.2265 & 1796 of 2019 and Mr.N.Janardhan Reddy, learned counsel for respondent/plaintiff in the same cases. Perused the record.

For the sake of convenience and clarity, the parties herein shall be referred to, as they are arrayed before the trial Court.

5. The brief facts of the case are that the petitioner herein is the defendant in C.R.P.No.2265 & 1796 of 2019, respective respondent/plaintiff filed respective suit against the defendant herein for perpetual injunction, which were decreed on 11.08.2015.

6. The petitioner is the defendant in C.R.P. Nos. 2265 and 1796 of 2019. The respective respondents/plaintiffs filed separate suits against the petitioner/defendant seeking perpetual injunctions to restrain the petitioner/defendant and the legal heirs etc., from interfering with the peaceful possession of the plaintiff over the suit schedule property. The trial Court decreed the suits in favour of the respondents/plaintiffs on 11.08.2015, granting the requested injunctions.

7. The petitioner/defendant, dissatisfied with the ex-parte decrees dated 11.08.2015 in O.S.No.186 and 187 of 2014, filed I.A.No.1028 of 2017 in O.S.No.186 of 2014 and I.A.No.1030 of 2017 in O.S.No.187 of 2014 under Order IX Rule 13 CPC and under Section 5 of Limitation Act seeking the trial Court to condone the delay of 689 days in filing the respective petitions and to set-aside the decree in O.S.Nos.186 and 187 of 2014, after hearing both sides, the trial Court opined that the petitioner/defendant failed to explain the reason for condoning the delay of 689 days and dismissed the respective Interlocutory Applications.

8. Assailing the same, the petitioner/defendant filed C.R.P. Nos. 2265 and 1796 of 2019 seeking to set-aside the Orders dated 14.11.2018 in I.A.No.1028 of 2017 in O.S.No.186 of 2014 and I.A.No.1030 of 2017 in O.S.No.187 of 2014 passed by the learned Principal Junior Civil Judge, Huzurabad, which were passed against her on the ground that she engaged the counsel and he assured that he will look after the matter but unfortunately, she being an illiterate and innocent village lady and she does not have any legal knowledge as to the legal proceedings and she has two tender aged children, as such she could not proceed with the case and the trial Court came to wrong conclusion that the petitioner/defendant failed to assign cogent reasons to condone the delay of 689 days in filing the I.A.Nos.1029 & 1030 of 2017 to set-aside the ex-parte decrees dated 11.08.2015 in O.S.Nos.186 and 187 of 2014.

9. It is further contended that the petitioner is in possession and cultivation of the suit schedule lands, having lawfully purchased the same from the rightful owner under a registered sale deed, and that such possession and cultivation are well within the knowledge of the entire village.

10. It is further contended that, for the aforesaid reasons, she

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