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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

CIVIL REVISION PETITION No.3543 OF 2025

DATE : 31.12.2025

Between:

Sri Gundeboina Venkatesham

…Petitioner

AND

Smt. S. Chandrakala and 5 others.

…Respondent

ORDER

The present is a Civil Revision Petition under Article 227 of the

Constitution of India challenging the order dated 27.06.2025 passed by the

learned Chief Judge, City Civil Court, Hyderabad, in I.A.No.6725 of 2024 in

A.S.S.R.No.24119 of 2024.

2. Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner.

3. Vide the impugned order, the Appellate Court has rejected the

application filed by the petitioner herein to condone the delay of 36 days in

filing the appeal.

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4. Learned counsel for the petitioner in the course of his arguments

submits that it is a case where a Suit vide O.S.No.1252 of 2019 was filed by

the petitioner for declaration of title and cancellation of gift deed bearing

document No.1481 of 2010 and for perpetual injunction in respect of the suit

schedule property before the learned XVII Additional Senior Civil Judge, City

Civil Court, Hyderabad. The said Suit stood dismissed on 07.08.2024.

Against the said judgment, the petitioner preferred an appeal with a delay of

36 days, and along with the appeal, he filed an application for condonation of

delay which was registered as I.A.No.6725 of 2024. The said IA stood

dismissed only on the ground that the application of the petitioner was as

vague as it could be without any plausible explanation justifying the delay

caused, much less each day’s delay.

5. It is this I.A. which stood dismissed vide the impugned order leading to

filing of the present Civil Revision Petition.

6. Today when the matter is taken up for hearing, the learned counsel for

the petitioner submitted that the petitioner, being a government employee, was

occupied with official duties and therefore, could not contact his counsel in

time for the purpose of filing the appeal against the judgment dated

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07.08.2024, resulting in the delay. It is contended that for the said cause

shown for the delay, the petitioner should not suffer an irreparable loss.

7. Nonetheless, the Appellate Court ought to have considered the fact that

it was a case where the Suit stood dismissed, and it was the plaintiff’s appeal.

If the appeal is not entertained on merits, the petitioner would be rendered

remediless which is not in the larger interests of justice. Thus, prayed for a

suitable order from this Court in exercise of its powers under Article 227 of

the Constitution of India i.e., the supervisory power.

8. Having heard the learned counsel for the petitioner, this Court finds

sufficient force and strength in the arguments of the learned counsel for the

petitioner to the extent that the appellant did not contact his counsel in time for

filing the appeal due to office exigencies. However no person should be

rendered remedyless. Condonation of delay petitions are prepared by the

Counsel representing the party and it is well settled position of law that while

preparing the same, plausible explanation should be reflected showing the

delay of each day in filing of the appeal whatever be the period of delay. In

the absence of such details, it cannot be expected that the Courts would always

consider the applications as a matter of routine or for that matter the

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application for condonation of delay would be allowed even if it is bereft of

explanation and justification for the delay.

9. This Court does not find any fault on the part of the Appellate Court

while rejecting the condone delay application as the same did not reflect any

explanation. However, what is necessary to be considered by this Court at this

juncture, more particularly when the relief sought for by the petitioner is one

under Article 227 of the Constitution of India which is otherwise supervisory

Writ jurisdiction which is also meant to impart equity-based justice to the

parties.

10. As has been dis