COMMON JUDGMENT:

This Second Appeal is filed aggrieved by the judgment and decree dated 29.01.2021 in A.S.No.243 of 2009 passed by learned single XXV Additional Chief Judge, City Civil Court, Hyderabad, confirming the judgment and decree dated 15.12.1969 in O.S.No.84 of 1967 on the file of VI Senior Civil Judge, City Civil Court at Hyderabad. As there is delay of 1196 days in preferring the Appeal, the appellant filed I.A.No.2 of 2024 to condone the delay.

2. Heard Ms. Sneha Bhogle, learned counsel for appellant, Sri Shyam S.Agrawal, learned counsel for respondent Nos.1 and 2 and Sri M.V.Pratap Kumar, learned counsel for respondent no.23.

3. Without referring to the merits of the appeal, it is appropriate to first consider the I.A.No.2 of 2024 filed for condonation of delay of

1196 days in preferring the appeal.

4. The learned counsel for the petitioner/appellant contended that he is the Agreement of Sale-cum-GPA holder of respondent Nos.3 to 10 herein, who subsequently obtained final decree proceedings on 05.11.2007 in O.S.No.84 of 1967 and thereafter, they executed sale deed in his favour on 16.11.2007. It is further averred that respondent Nos.1 and 2 herein challenged the final decree dated 16.11.2007 by filing A.S.No.243 of 2009 and the first Appellate Court, vide judgment and decree, dated 29.01.2021 allowed the Appeal Suit. Challenging the judgment and decree dated 29.01.2021, the appellant herein filed the present Second Appeal and along with I.A.No.2 of 2024 to condone the delay of 1196 days in preferring Second Appeal.

5. The learned counsel for petitioner/appellant further contended that the first Appellate Court passed the judgment and decree on 29.01.2021, by the time the country was affected by Covid pandemic and a nationwide lockdown was announced by the Government of India from 25.03.2020; that petitioner was severely affected by the second wave of Covid during February, 2021 and that he got to know about passing of judgment and decree dated 29.01.2021 in Appeal Suit, only in May, 2024 and he was suffering with prolonged illness and thus, there was a delay of 1196 days in filing the present Second Appeal, which was neither deliberate nor wanted. Learned counsel further contended that the petitioner has a good case in Second Appeal and if he is not allowed to contest the same, he would be put to irreparable loss and damage and therefore prayed to condone the delay of 1196 days in preferring Second Appeal.

6. Per contra, according to learned counsel for respondent Nos.1 and 2, there is inordinate delay of 1196 days in preferring the appeal and the petitioner/appellant failed to offer valid, cogent reasons for condonation of inordinate delay of 1196 days, except saying that he was severely affected by the second wave of Covid during February, 2021 and that he was suffering with prolonged illness and complications and after knowing about passing of impugned judgment in May, 2024, he filed the present appeal. He further contended that the medical certificate produced by the petitioner/appellant is created and fabricated for the purpose of the present case. It is finally contended that the application for condonation of delay is devoid of any merit and thus, the same is liable to be dismissed.

7. Perusal of the record would disclose that Appeal Suit was decreed on 29.01.2009 and whereas, the Second Appeal was filed on 08.08.2024 with a delay of 1196 days in preferring the present appeal. The reasons for the inordinate delay of 1196 days, as mentioned in the affidavit, are that petitioner/appellant was severely affected by the second wave of Covid during February, 2021 and was suffering with prolonged illness and he came to know about the passing of judgment and decree dated 29.01.2009 in A.S.No.243 of 2009 and he immediately filed the present Appeal. To substantiate the contention, petitioner has filed Medical Certificate dated 15.05.2024 issued by Dr.Vinod Chavan.

8. Perusal of the medical record discloses that petitioner