KILARU APPA RAO Vs. SUNKU PRATHAPA REDDY

JUDGEMENT

(1.) Challenge in this revision petition is the order that is rendered by the Court of Senior Civil Judge, Khammam in I.A.No.1842 of 2013 in I.A.No.996 of 2007 in O.S.No.240 of 2004, dtd. 11/2/2016.

(2.) Heard the submission of the learned counsel for the revision petitioner as well as the learned counsel for the respondent.

(3.) A perusal of the entire material that is produced before this Court reveals and discloses the following factual scenario:- The revision petitioner filed a suit in O.S.No.240 of 2004 for specific performance of contract. The said suit was dismissed for default on 2/11/2005. Subsequently, the revision petitioner/plaintiff moved an Interlocutory Application seeking the Court to set-aside the said dismissal order. Since the said application was not filed within the prescribed period of limitation, another application vide I.A.No.996 of 2007 was filed seeking the Court to condone the delay in filing the said petition for restoration of the suit. I.A.No.996 of 2007 was also dismissed for default as the revision petitioner failed to deposit the required process for service of notice upon the respondent. Later, the revision petitioner moved another application for restoration of the said Interlocutory Application i.e. I.A.No.996 of 2007. Even the said application was not filed within time and therefore, he moved another Interlocutory Application i.e. I.A.No.1842 of 2013 to condone the delay of 1736 days in filing the said application for restoration of I.A.No.996 of 2007. The Court of Senior Civil Judge, Khammam, vide order dtd. 11/2/2016, dismissed the said application. Aggrieved by the same, the revision petitioner is before this Court.