LAWS(NCD)-2013-3-76

P CHANDRA NARAYANA Vs. S B SAROJINI

Decided On March 13, 2013
P Chandra Narayana Appellant
V/S
S B Sarojini Respondents

JUDGEMENT

(1.) IN the instant case, there is huge delay of 2170 days in filing the First Appeal before the State Commission. The State Commission dismissed the appeal on the ground of delay. In his affidavit for condonation of delay, dated 16.03.2008, filed before the State Commission, the following averments were made.

(2.) THE said appeal was filed against the ex -parte order passed by the District Forum -I of Hyderabad. The complaint was allowed vide its order dated 07.07.2006. The petitioner/OP was not aware of the pendency of this case. For the first time he received notice in execution petition. The petitioner moved an application for setting aside the ex -parte order. The petitioner filed appearance in the execution application and filed a petition for setting aside the ex -parte order. On 28.04.2008, it was accompanied with an application for condonation of delay. The District Forum ordered that the said application for review of its order was not maintainable.

(3.) THEREAFTER , petitioner challenged the order of the District Forum in the High Court. The Hon'ble High Court was pleased to pass interim stay on 04.07.2008 against EA No.88/2007. His Writ Petition was dismissed on 27.04.2012 and the stay was vacated.