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2011 Supreme(Online)(SC) 199

MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
GANGADHARA PALO – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
MANU SHANKER MISHRASANJAY KAPUR

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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