LAJARAS REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This revision is preferred questioning the order, dtd. 30/11/2018, passed in IA No.1609 of 2018 in Unnumbered Appeal Suit of 2018, by virtue of which the lower court dismissed the petition, which was filed seeking for condonation of delay of nine days in filing the appeal against the decree and judgment, dtd. 12/4/2018 in O.S.No.347 of 2017.

(2.) Briefly the facts, as stated in the petition filed by the petitioner, are that the respondent filed the suit O.S.No.347 of 2017 seeking for eviction, which was decreed on 12/6/2018. The counsel for the petitioner noted the judgment date as 21/6/2018, instead of 12/6/2018 and got filed copy application as such. Hence, the delay is neither wilful nor wanton.

(3.) The lower court dismissed the application by considering that the respondent has vividly explained in the counter the stages at which the petitioner has watched the steps taken by the respondent and has taken follow up action in presenting the appeal and also representing the returned appeal file. It also observed that the narration of incidents in the counter would clearly reveal the lack of bona fides of the petitioner in showing the sufficient cause for the delay.