GADDAM VENKATA SUBBAIAH Vs. BAREDDI VIVEKANADA REDDY

JUDGEMENT

(1.) This revision is filed under Sec. 115 CPC challenging the order, dtd. 29/11/2023, dismissing I.A.No.536 of 2020 in unnumbered appeal filed before the Court of the Principal District Judge, Kadapa, under Order 41 Rule 3A CPC to condone delay of [1113] days in filing the appeal against the judgment and decree, dtd. 23/1/2017, passed in O.S.No.525 of 2011 on the file of the Court of Additional Senior Civil Judge, Kadapa.

(2.) The petitioner/appellant filed the suit to cancel the registered sale deed, dtd. 6/1/2011, executed by him in favour of the defendants and for perpetual injunction. The suit was dismissed on contest. While filing the appeal, I.A.No.536 of 2020 was filed to condone delay of [1113] days in filing the appeal stating that he engaged another advocate to prosecute the case in appeal and that his file relating to the lower Court was misplaced by his previous counsel in his office and the same was traced recently before filing the petition, and therefore, the delay in filing the appeal is neither willful nor wanton.

(3.) The petition was opposed by filing counter of the respondent/plaintiff. The reasons stated for the delay are unsupported by any evidence and that the certified copy of the decree and judgment were obtained within a month after the pronouncement of judgment and it cannot be expected that the senior counsel appearing for the petitioner would misplace the bundle and the reasons to condone the delay are invented for the purpose of filing the petition and are not acceptable.