NELAPOLU SURIBABU Vs. NELAPOLU PULLARAO

JUDGEMENT

(1.) This letters patent appeal is directed against an order of the learned Single Judge, made in CMP No.16027 of 2000 in A.S. SR No.55206 of 2000 dated 22-11-2000.

(2.) The appellants are the petitioners- appellants in CMP No.16027 of 2000 in A.S. SR No.55206 of 2000. The appellants filed an application for condoning the delay of 3,490 days in filing the appeal. The facts in brief are as follows.

(3.) Respondent No.l herein filed O.S. No.156 of 1989 on the file of the learned Subordinate Judge, Kovvur for the relief of partition and the said suit was decreed in terms of compromise. The mother of the appellants filed another suit - O.S. No.73 of 1991 - challenging the compromise decree on behalf of the minor sons and the said suit was dismissed on the ground that such suit cannot be maintained in view of the bar imposed by Order XXIII Rule 3-A CPC. In the light of these events, appellants filed an appeal with an application to condone the delay of 3,490 days against the compromise decree passed in O.S. No.156 of 1989, averring that the delay was due to the events stated supra and hence in the interest of justice delay has to be condoned.