THE HONOURABLE SMT. JUSTICE RENUKA YARA SECOND APPEAL No.277 of 2024

JUDGMENT:

Heard Sri T. Sharath, learned counsel for the appellant and Sri Tarun G. Reddy, learned counsel for respondent Nos.3 and 4. Perused the entire record.

2. This Second Appeal is preferred aggrieved by the judgment and decree dated 16.11.2023 in I.A.No.2799 of 2023 in A.S.SR.No.13388 of 2023 on the file of the Principal District and Sessions Judge, Ranga Reddy District at L.B.Nagar (‘first appellate Court’), wherein the application filed to condone delay of 12 days in filing the first appeal challenging the judgment and decree dated 02.08.2023 in I.A.No.269 of 2022 in O.S.No.21 of 2016 on the file of the I Additional Junior Civil Judge-cum-XII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar (‘trial Court’), whereby the petition filed under Order VII Rule 11 CPC was allowed rejecting the plaint, was dismissed.

3. The brief facts of the case are that the appellant herein filed suit vide O.S.No.21 of 2016 on the file of the trial Court seeking cancellation of judgment and decree in O.S.No.288 of 1981, dated 30.03.1982 on the file of the District Munsiff West and South Court, Hyderabad, along with c