ABDUL KAREEM Vs. SHARIFA BI

JUDGEMENT

(1.) This is an application filed by the petitioner/appellant in A.S.No.87 of 2020 under Sec. 5 of the Limitation Act, with a prayer to condone the delay of 1945 days in filing the first appeal against the Judgment and Decree dtd. 11/6/2014 in O.S.No.973 of 2008 on the file of VIII Addl. District Judge at Ranga Reddy District. The respondents herein are plaintiffs in the above said suit.

(2.) As per the averments made in the affidavit filed in support of the application, it appears that the respondents/plaintiffs have filed O.S.No.973 of 2008 for partition and separate possession of the suit schedule properties. The petitioner has stated that on receipt of suit summons, he has engaged an Advocate to contest the suit and his Advocate instructed him to approach him only when he was asked to do so. But, a month prior to his filing of this appeal, he was informed by his counsel that a preliminary decree was passed in favour of the respondents/plaintiffs. He further stated that there is a delay of 1945 days in filing of appeal and the said lapse was occurred, only because he relied on his counsel for further instructions. The petitioner further stated that he has informed his objections to his counsel and he was advised to file appeal but in view of the said 1945 days delay, he has filed the present application with a prayer to condone the delay.

(3.) The respondents/plaintiffs were served with a copy of the application, but they did not choose to file any counter.