USHKILA LAXMI Vs. UDUTHA GOPAL

JUDGEMENT

(1.) Aggrieved by the order dtd. 22/3/2024 in I.A.No.220 of 2022 in O.S.No.61 of 2018 (hereinafter will be referred as 'impugned order) passed by the learned Senior Civil Judge at Nagarkurnool (hereinafter will be referred as 'Trial Court'), the petitioners/defendants have preferred the present Revision to set aside the impugned order, wherein the petition filed by them under Sec. 5 of the Limitation Act, was dismissed.

(2.) For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Trial Court.

(3.) The brief facts of the case, which necessitated the revision petitioners to file the present revision, are that the petitioners/defendants have filed I.A.No.220 of 2022 under Sec. 5 of the Limitation Act to condone the delay of 1393 days in filing set aside petition. The reason assigned by the petitioners/defendants for the said delay is on 27/9/2018 when the suit was coming up for appearance of the defendants, the defendant No.1 was suffering from ill health in covid-pandemic and she being lonely lady could not attend the Court. On the other hand, the respondent/plaintiff filed counter mainly contending that when the respondent/plaintiff filed E.P.No.7/2019 for execution of decree and deposited remaining balance sale consideration into the court, the petitioners/defendants appeared before the Court and filed the petition to condone the huge delay of 1393 days and thus, prayed to dismiss the petition. The learned Trial Court after considering the rival contentions has dismissed the petition. Aggrieved by the same, the petitioners/defendants have filed the present Civil Revision Petition to set aside the impugned order.