AKKELI RAMA KRISHNA Vs. B. MUNTAZ BEGUM

JUDGEMENT

(1.) This civil revision petition is filed questioning the order dated 6.11.2017 passed in LA No.2124 of 2016 in OS No.234 of 2004.

(2.) LA No.2124 of 2016 was filed to condone the delay of 451 days in filing the application to restore the suit to file. The suit was dismissed on 3.7.2015. In the suit OS No.234 of 2004, which was filed for specific performance, an issue arose about the stamp duty and penalty payable on the agreement of sale. The trial Court held that stamp duty and penalty of Rs. 3,00,000.00were payable. The agreement was later sent to District Registrar, who reduced the stamp duty and penalty and directed that Rs. 1,10,000.00 should be paid against the assessed stamp duty and penalty. Against the same, an appeal was filed before the Chief Controlling Revenue Officer. As this document was not brought back to the Court and marked, the suit was dismissed for default on 3.7.2015. Seeking restoration, the application was filed. After contest, the impugned order was passed on 6.11.2017 and the lower Court held that the explanation given is not correct and no valid grounds are made out to condone the delay. Questioning the same, the present revision petition is filed.

(3.) This Court has heard Sri G. Ramesh Babu, learned Counsel for the revision petitioner and Sri S. Ganesh, learned Counsel for the respondents.