MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
GANGADHARA PALO – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5280 OF 2006
Gangadhara Palo
..Appellant
versus
The Revenue Divisional Officer & Another
..Respondents
O R D E R
Heard learned counsel for the parties.
This Appeal has been filed against the impugned
judgment/order dated 28th January, 2005 passed by the High
Court of Andhra Pradesh at Hyderabad.
By that order, the review petition as well as the
application for condonation of delay in filing the review
petition have been dismissed.
The delay was only of 71 days and, in our opinion, a
liberal view should have been taken by the High Court and
delay of 71 days in filing the review petition should have
been condoned and the review petition should have been
decided on merits. Hence, we condone the delay of 71 days
in filing the review petition before the High Court.
As regards the maintainability of the review
petition, Mr. Sanjay Kapur, learned counsel for the
respondent submitted that it was not maintainable because
against the main judgment of the High Court dated 19th June,
2001 dismissing the writ petition of the appellant herein,
CIVIL APPEAL NO.5280 O
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