SUPERINTENDING ENGINEER Vs. K.VENKULU

JUDGEMENT

(1.) The interlocutory application in IA.No.1 of 2023 has been filed seeking to condone the delay of (4095) days in filing the application in IA.No.3 of 2023 to bring the legal representatives of the deceased-sole respondent on record, and interlocutory application in IA.No.2 of 2023 has been filed to set aside the abatement of the appeal caused due to the death of the sole respondent in AS.No.2859 of 2004.

(2.) The brief facts of the case are that the underlying appeal has been instituted against the decree passed in suit OS.No.759/1988, dt.30/3/1991. Initially, a Civil Miscellaneous Appeal No.1338/91 was filed. However, the said appeal was stated to be converted to the instant appeal suit under the provisions of Sec. 96 r/w Order XLIII of CPC and it has been adjourned from time to time and subsequently, the sole respondent/defendant expired on 23/9/2009 and the said fact was brought to the knowledge of the government pleaders' office on 4/4/2023, which in turn informed the government pleader to take steps to file appropriate applications to bring the legal heirs of the sole respondent on record and subsequent thereto, the concerned Executive Engineer, Irrigation Division No.3, Miryalaguda, District, was informed to obtain details of legal representatives of the sole respondent, and later the details were obtained.

(3.) Petitioners further contended that in that process, the delay of (4095) days occurred in bringing the legal representatives of the sole respondent on record and the said delay was neither willful nor wanton, but due to the aforesaid circumstances.