MANTHRALA CHANDRAKALA Vs. MANDAN JANAKIRAM SINGH

JUDGEMENT

(1.) This CRP is filed against the order dated 23-2-2004 passed by the learned District Judge, Nalgonda, in IA No.2493 of 2003 in an unregistered appeal. Through the order under revision, the learned District Judge, refused to condone the delay of 231 days, in presenting the appeal.

(2.) The 1st respondent filed O.S. No.80 of 1996 on the file of the Senior Civil Judge, Miryalguda, against one Mantrala Ravinder Reddy, for the relief of recovery of possession of 154 sq.yards of land, or in the alternative, for payment of Rs.52,000/-, with interest at 12% per annum. According to him, he purchased the said plot from the sole defendant and subsequently, it was found that the plot was covered1 with road. During the pendency of the suit, the sole defendant died. The petitioners herein as well as Respondents 2 and 3 were brought on record as his legal representatives. Subsequently, the 4th respondent was also impleaded as defendant No.8. Through its judgment dated 7-11-2002, the Trial Court decreed the suit.

(3.) The petitioners herein presented the appeal against the decree in O.S.No.80 of 1996 in the Court of District Judge, Nalgonda. Since there was a delay of 231 days in presenting the appeal, they filed I.A.No.2493 of 2003, under Section 5 of the Limitation Act. The 2nd petitioner filed an affidavit in support of the LA., stating that the suit was initially filed against their father, and after his death, himself and other petitioners were brought on record. According to them, some of them being minors, and not conversant with the Court procedure, they were dependant on the advice of Defendants 6 and 7 (Respondents 2 and 3 herein), who are their paternal aunts. It is stated that they were not aware of the decree, till E.P. was filed, and soon thereafter, they have taken steps to get the appeal preferred.