AGOLAPU RAJU Vs. AGOLAPU GANGARAM

JUDGEMENT

(1.) Assailing the order dated 23.1.2015 passed in IA No. 834 of 2014 in unregistered A.S. (AS No. 3 of 2015) on the file of II Additional District Judge, Karimnagar at Jagtial, wherein and whereunder, the application to condone the delay of (349) days in filing the appeal was allowed, the present revision is filed under Sec. 115 C.P.C. The respondent/plaintiff filed OS No. 117 of 2011 seeking perpetual injunction which was decreed on 8.8.2013. Aggrieved by the said order, the defendant preferred an appeal with a delay of (349) days. The main ground taken for condoning the delay was ill -health of the appellant therein. Medical Certificates are also filed in support of the same. However, the learned Judge while holding that day -to -day delay was not explained, condoned the delay and directed the Registry to number the appeal on payment of costs of Rs. 500/ - to the plaintiff for the inconvenience caused. Challenging the said order, the present revision is filed.

(2.) Learned Counsel for the petitioner mainly submits that the material on record does not explain day -to -day delay and that certificates, which are filed alongwith the petition are not reposing confidence to condone the delay. He submits that the learned appellate Judge while holding that day -to -day delay was not explained, erred in condoning the delay.

(3.) Learned Counsel for the respondent/defendant submits that the petitioner and the respondent are brothers and that there is a decree of injunction in favour of petitioner/plaintiff. He submits that subsequently, the appeal was numbered as AS No. 3 of 2015 and the dates are being given for hearing of the appeal.