APHC010160052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 241/2024 Between:

1. J UVVISETTY BASAVAIAH, SON OF NARASIMHA RAO, HINDU, CULTIVATION, AGED ABOUT 70 YEARS. RESIDENT OF KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-

521180.

...APPELLANT AND

1. M ANGISETTY PRATAP, SON OF DHARMAIAH, HINDU, CULTIVATION, AGED ABOUT 70 YEARS. RESIDENT OF HANUMANPET, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-521180.

2. B OMMISETTY MOHANARAO, SON OF SURAIAH, HINDU, CULTIVATION, AGED ABOUT 63 YEARS. RESIDENT OF GOTTUMUKKALA ROAD, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-521180.

3. V EMULA VEENAMMA, WIFE OF LATE APPA RAO, HINDU, CULTIVATION, AGED ABOUT 63 YEARS. RESIDENT OF GOTTUMUKKALA ROAD, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-521180.

4. V EMULA BHASKARARAO, SON OF LATE APPA RAO, HINDU, CULTIVATION, AGED ABOUT 41 YEARS. RESIDENT OF GOTTUMUKKALA ROAD, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-521180.

5. B OMMISETTY PARVATHI, WIFE OF MOHANARAO, HINDU, CULTIVATION, AGED ABOUT 40 YEARS. RESIDENT OF GOTTUMUKKALA ROAD, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-521180.

6. L EELA SUNITHA, WIFE OF SITARAMAIAH, HINDU, CULTIVATION, AGED ABOUT 39 YEARS. RESIDENT OF GOTTUMUKKALA ROAD, KANCHIKACHARLA VILLAGE AND MANDAL, KRISHNA DISTRICT-

521180.

...RESPONDENT(S):

Appeal under section ___________ against orderspleased to pass Judgment and Decree in favour of the appellant by set-aside the Judgment and decree passed in A.S. No. 74 of 2017, dated 10.03.2023 on the file of XVI Additional District Judge at Nandigama as well as Judgment and Decree passed in O.S.No. 41 of 2015 Dt.28.03.2017, on the file of Senior Civil Judge at Nandigama and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to condone the delay of ( 192 ) days in filing the above Second Appeal in A.S. No. 74 of 2017, dated 10.03.2023, on the file of XVI Additional District Judge at Nandigama and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to pass orders directing the respondents not to alienate the suit schedule property and pass Counsel for the Appellant:

1. PADMANABHAM A Counsel for the Respondent(S):

1. KUNTAMUKKALA SAI SREE SANJAY THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO INTERLOCUTORY APPLICATION No.01 of 2024 IN SECOND APPEAL No.241 of 2024

ORDER:

The petitioner/appellant is filed the present Interlocutory Application with a prayer to condone the delay of 192 days in filing the Second Appeal against the Decree and Judgment passed in A.S.No.74 of 2017, dated 10.03.2023 on the file of the XVI Additional District Judge, Nandigama, confirming the Decree and Judgment passed in O.S.No.41 of 2015, dated

28.03.2017, on the file of the Senior Civil Judge, Nandigama.

2. The case of the petitioner as per the affidavit in brief is as follows:-

I. The petitioner herein filed a suit for Partition of Plaint Schedule Property vide O.S.No.41 of 2015 and the said suit was dismissed vide Decree and Judgment dated 28.03.2017, against which he preferred an appeal vide A.S.No.74 of 2017 and the said appeal was dismissed on 10.03.2023. Subsequent to the Decree and Judgment passed in A.S.No.74 of 2017 on the file of the XVI Additional District Judge, Nandigama, dated 10.03.2023, he applied for a certified copy of the Judgment on 24.03.2023. The certified copy was made ready on 04.07.2023. The petitioner was required to prefer the Second Appeal on or before 19.09.2023.

II. The petitioner further contend that the certified copies of the Decree and Judgment of the learned First Appellate Court were misplaced, an