BHAVANA CHITS AND FINANCE Vs. KANCHARLA ABHISELOMU

JUDGEMENT

(1.) This is an application to condone the delay of 111 days in filing the appeal.

(2.) What is stated in the petitioner's affidavit is that he made an application for certified copy of the order on 24.6.2002 and received the same on the same day. As he was suffering from hypertension with viral infection he was under the treatment of Dr. V. V. S. Prasada Rao till 25.10.2002. He became fit for travel from 8.11.2002. Accordingly he reached Hyderabad on 11.11.2002 and filed this appeal. Hence there is a delay of 111 days in filing the appeal. He also filed a certificate from Aswani Hospital stating that he was advised rest from 15.7.2002 to 25.10.2002. Even accepting the certificate issued by the hospital there is no explanation why the appeal was not filed till 11.11.2002 when he has become normal from 25.10.2002. This explanation, therefore, cannot be accepted and the application is devoid of merits and is accordingly dismissed.

(3.) Even otherwise there are no merits in the appeal. The opposite parties in C. D. No.361/2002 on the file of District Forum, Visakhapatnam are the appellants.