M. MURALIKRISHNA Vs. MASAPALLI VENKATARATHNAMMA

JUDGEMENT

(1.) The petitioner/appellant filed the present Interlocutory Application with a prayer to condone the delay of 1221 days in filing the Second Appeal against the Decree and Judgment passed in A.S.No.40 of 2011, dtd. 31/1/2013 on the file of the III Additional District Judge, (Fast Track Court), Kadapa at Rajampet, in partly allowing the appeal suit filed against the Decree and Judgment passed in O.S.No.61 of 2002, dtd. 24/2/2011, on the file of the Senior Civil Judge, Rajampet.

(2.) The case of the petitioner as per the affidavit in brief is as follows:- The plaintiff Nos. 1 to 3 are the legal heirs of the brother of the petitioner by name Subbanarasaiah, and the father of the petitioner by name Penchalaiah got three sons namely Subbanarasimhulu, who is the husband of the plaintiff No.1 and the father of the plaintiff Nos. 2 and 3, and the petitioner is the 2nd son and the respondent No.4 herein is the 3rd son of Penchalaiah. While so, Subbanarasaiah got partitioned the joint family properties and having taken his share and got separated from the joint family, thereafter, the plaintiff No.1 and her late husband left the village and kept their family separately at her parents' place. The petitioner pleaded that the suit schedule properties are the joint family acquired properties by them with joint nucleus after separation of the plaintiff family.

(3.) Learned counsel for the respondents would contend that the respondents herein have received the notices very recently and he filed Vakalat before the Registry on 10/12/2025. He further contended that the First Appellate Court disposed of the appeal on 31/1/2013, but the petitioner herein, after a lapse of more than five (05) years, instituted a second appeal with a delay of 1221 days, and there are no tenable grounds to consider the request of the petitioner, and the abnormal delay of more than five (05) years in filing the second appeal is not at all explained by the petitioner in the affidavit enclosed to the petition and that the present application may be dismissed.