KSHITIJ INFRAVENTURES PVT. LTD Vs. KHORSHED SHAPOOR CHENAI

JUDGEMENT

(1.) Heard Sri Dammalapati Srinivas learned senior counsel representing Sri Satyanarayana Rao Adiraju learned counsel for appellant, Sri Venkatadri Raju learned counsel for first respondent, Sri S.Niranjan Reddy learned senior counsel representing Sri Naresh Reddy learned counsel for second respondent and Sri B.Sree Hari learned counsel for third respondent.

(2.) This is an application filed to condone the delay of 1691 days in preferring appeal against the judgment and decree dtd. 28/4/2015 in O.S. No. 69 of 2003 on the file of XIII Additional chief Judge, City Civil Court, Hyderabad. Petitioner/appellant is the plaintiff No.2 in O S No. 69 of 2003. The third respondent is plaintiff No.1 and respondents 1 and 2 are defendants 1 and 2 to the suit.

(3.) From the pleadings, to the extent relevant, the timeline of the litigant leading to this application is noted hereunder. Respondent no.3 claims that late Shapoorji Chenoy was the owner of the suit schedule property (Acs.22.05 guntas) and she has succeeded to the said property. The suit schedule property is Municipal House bearing No. 1/2/630, Elchibegguda, Lower Tank Bund Road, Hyderabad. It forms part of Sy.Nos.157/1 to 3, 158/1 and 2, 159 and 159/1 of Bakaram village, co-related to T.S.No.27, Block-B, Ward No.76 of Bakaram village. The suit schedule property was leased out in perpetuity by late Shapoorji Chenoy to Dewan Bahadoor Ramgopal Mills Limited (DBR Mills) for the purpose of running Textile Mills. According to DBR Mills, it has also purchased Acs.4.00 guntas of adjacent land. In the said manner, it has acquired in all Acs.26.05 guntas of land. In the said land, DBR Mills was established.