N.SRINIVASA RAO Vs. P.CHANDRASEKHARAIAH

JUDGEMENT

(1.) The petitioners/appellants are the appellants in A.S.No. 74 of 2011 on the file of the Court of learned X Additional District Judge, Tirupati (for short, 'the first appellate Court') and they filed execution application in E.A.No. 184 of 2009 in E.P.No. 150 of 2005 in O.S.No. 155 of 1980 on the file of the Court of learned Principal Junior Civil Judge, Tirupati (for short, 'the executing Court'). After inquiry, the executing Court dismissed the said execution application, against which appeal suit in A.S.No. 74 of 2011 was preferred before the first appellate Court and the said appeal suit was also dismissed by confirming the decree and judgment passed by the executing Court, against which the instant second appeal in S.A.No. 1503 of 2018 has been filed before this Court with a delay of 277 days and that the petitioners filed this application to condone the delay of 277 days in filing the second appeal.

(2.) The case of the petitioners as per the recitals of affidavit of petitioner No. 1, in brief, is as follows:

(3.) Respondent No. 5 filed counter affidavit. The brief averments are as follows: