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2024 Supreme(Online)(AP) 22228

HIGH COURT OF ANDHRA PRADESH
3458 - KIRANMAYEE MANDAVA
V SUMANTH – Appellant
Versus
VENUMBAKA PICHHI REDDY – Respondent


ORDER:

1. The revision petition is filed seeking set aside of the orders in I.A Nos.54 and 218 of 2018, dismissing the applications filed by the petitioner under Section 5 of the Limitation Act, seeking condonation of delay of 504 days in filing the application under Order IX Rule 9 of CPC.

2. The suit filed by the petitioner and her mother for partition. Preliminary decree was passed in the suit. A preliminary decree was passed on 07.01.2004 in the suit for partition of the suit schedule property. The respondent herein filed Appeal in A.S No.122 of 2015 on the file of the Principal District Judge, Nellore and the said appeal was dismissed on merits by confirming the judgment dated 03.09.2007. Aggrieved by the said order, the 2nd respondent filed S.A No.55 of 2008 before the Hon’ble High Court , the said Second Appeal was dismissed for default on 03.02.2015.

3. It is contended by the petitioner that he was un-aware of the factum of the dismissal of the second appeal and further that when he was minor, his mother was representing him in the subject suit. On attainment of majority on 18.09.2016, he has looked after the case. However, being unaware of the dismissal of the second appeal,

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