MAJJI SOMULU Vs. MAJJI NAGARAJU AND ORS.

JUDGEMENT

(1.) THE petitioner/defendant No. 1 seeks to set aside the order dated 9.2.2015 in IA No. 292 of 2014 in unnumbered Appeal Suit No...... of 2014 passed by learned Principal District Judge, Srikakulam dismissing the application filed under Section 5 of Limitation Act to condone the delay of 789 in preferring the appeal against the preliminary decree in OS No. 59 of 2006 passed by Junior Civil Judge, Amadalavalasa. The petitioner who is the first defendant and other defendants suffered preliminary decree in a partition suit. Aggrieved, it appears the petitioner/first defendant filed an appeal with a delay of 789 days in the Court of Principal District Judge, Srikakulam and so, he filed IA No. 292 of 2014 to condone the delay submitting the explanation for the delay to the effect that he went to Chennai to eke out his livelihood and stayed there and he could not meet his Counsel within time and hence inevitable delay was occurred.

(2.) HEARD both sides.

(3.) PER contra, learned Counsel for respondent No. 1/plaitniff opposed the petition on the submission that the petitioner very much contested the parallel proceedings in final decree petition during the relevant period and therefore, his explanation that he migrated to Chennai for his livelihood was rightly disbelieved by the appellate Court.