B. MADHURI GOUD Vs. B. DAMODAR REDDY

JUDGEMENT

(1.) Leave granted. The Appellant has questioned the correctness of order dated 11.3.2011 passed by the learned Single Judge of the Andhra Pradesh High Court whereby he condoned 1236 days delay in filing of appeal by the Respondent against judgment and decree dated 18.8.2006 passed by v. Senior Civil Judge, City Civil Court, Hyderabad (hereinafter referred to as, 'the trial Court').

(2.) After purchasing the suit property from the Andhra Pradesh Housing Board, the Appellant filed OS No. 381 of 2006 for delivery of possession and mesne profits. The trial Court decreed the suit vide ex-parte judgment dated 18.8.2006. In the execution proceedings, the Respondent was evicted from the suit premises. After about one year he filed IA No. 174 of 2007 under Order XI Rule 13 Code of Civil Procedure for setting aside ex-parte decree. The same was dismissed by the trial Court vide order dated 20.2.2008. Civil Miscellaneous Appeal No. 341 of 2008 filed by the Respondent was dismissed by the High Court vide judgment dated 11.12.2008.

(3.) After almost four years of the passing of ex-parte decree by the trial Court and one year and eight months of the dismissal of CMA No. 341 of 2008 by the High Court, the Respondent filed an appeal under Section 96 Code of Civil Procedure. He also filed an application for condonation of 1236 days delay by stating that he handed over the papers to the counsel on 10.1.2009 for the purpose of preparing the grounds of appeal but the certified copies of the documents were misplaced by the office of the Advocate and the same could not be traced despite best efforts and further that on 2.3.2010, the counsel discovered that the documents had been inadvertently tagged with the record of A.S. No. 200/2001.