GUTHULU NIRMALA DEVI Vs. PITHANI LAKSHMI DEVI

JUDGEMENT

(1.) This petition is filed under Sec. 115 of CPC against the order dtd. 30/11/2017 dismissing the petition in E.A.No.75 of 2016 in E.P.No.243 of 2010 (old No.206 of 2007) in O.S.No.191 of 1997 on the file of the Court of Principal Junior Civil Judge, Kakinada filed under Sec. 5 of the Limitation Act to condone delay of 1138 days in filing the application to set aside the order dtd. 15/2/2011 dismissing E.P.No.243 of 2010 for not filing valuation certificate and non-judicial stamps and for want of representation by the DHr.

(2.) Heard Sri K.Koteswara Rao, learned counsel representing Sri Nageswara Rao Turaga, learned counsel for the petitioner and Sri Kiran Tirumalasetty, learned counsel for the respondents.

(3.) The revision petitioner/petitioner/4th DHr contended that the delay of 1138 days in filing the application to set aside the order occurred because the DHrs were under the impression that the execution petition was pending and they came to know about the dismissal of the EP only as the advocate who inform them about the dismissal of the EP when they approached on receipt of notice in caveat. Therefore, the petitioner claimed that there are no willful latches in causing the delay.