S VAJRA MANEMMA Vs. ILENI LAXMA REDDY

JUDGEMENT

(1.) This application is filed to condone the delay of 13 days in preferring the appeal by third parties against the judgment and decree of the trial Court.

(2.) The case, in brief, of the petitioners is that first respondent filed the suit for specific performance of an agreement of sale dated 2-8-1994 executed by respondents 2 to 6 in his favour in respect of Ac. 1-03 gts of land on Sy. No.83 of Narsapur Village, though that property does not exclusively belong to them and is a part of the joint family property belonging to them, Respondents 2 to 6 and others. Their grandfather Brahmaiah was the manager of the joint family. The said Brahmaiah begot five sons including their father Rajamallaiah who died leaving behind them as his legal representatives. Their uncle Nagabhushanam filed a suit for partition and separate possession of the joint family properties including the said Acs.1-03 gts, making Respondents 2 to 6 also parties to the said suit. Respondents 2 to 6 without disclosing the said fact seem to have entered into an agreement in respect of the aforesaid Ac.1-03 gts in Sy. No.83 of Narsapur Village belonging to the joint family in favour of the first respondent and obtained a collusive decree for a specific performance of that agreement. In execution of the said decree for specific performance, first respondent is trying to dispossess them from the said property though they also have a share therein and though Respondents 2 to 6 are not the absolute owners thereof. So, they are advised to file an appeal against the decree and judgment of the trial Court granting specific performance of the agreement of sale executed by Respondents 2 to 6 in favour of the first respondent, in order to safeguard their rights. So, they filed a petition seeking leave of the Court to prefer an appeal. After coming to know about the decree, delay of 13 days occurred in preferring the appeal. So, that delay of 13 days may be condoned.

(3.) First respondent contested the petition on various grounds.