SATWANT KAUR Vs. VIJETHA FORTUNE FLAT OWNERS ASSOCIATION

JUDGEMENT

(1.) This civil revision petition is directed under Article 227 of the Constitution of India to set aside the order dtd. 20/2/2017 in I.A.No.1073 of 2016 in AS SR No.18367 of 2015 passed by the Chief Judge, City Civil Court, Hyderabad.

(2.) Heard learned counsel for petitioner as well as the respondent No.2. None appeared for respondent No.1. Perused the record.

(3.) The revision petitioners - defendants preferred an appeal aggrieved by the decree and judgment dtd. 9/9/2015 in O.S.No.1117 of 2012 passed by the VI Junior Civil Judge, City Civil Court, Hyderabad, along with an application in I.A.No.1073 of 2016 under Order 41 Rule 7(A) of the Code of Civil Procedure read with Sec. 5 of the Indian Limitation Act to condone the delay of 96 days in filing the appeal. The Chief Judge, City Civil Court, Hyderabad vide order dtd. 20/2/2017 in I.A.No.1073 of 2016 in ASSR No.18367 of 2015 passed the following order: "...Perused the judgment dtd. 9/9/2015 in O.S.No.1117 of 2012. Considering the fact that there are several other 15 defendants available on record, but no one contacted the counsel in time to prefer the appeal and the reasons stated by the petitioners for the abnormal delay of 96 days is neither sufficient nor convincing to condone the same. Accordingly, the petition is devoid of merits. In the result, the petition is dismissed without costs".