Thirumala Commission Merchants v. M/S. Beerelli Satyanarayana

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CIVIL REVISION PETITION No.3080 of 2016 ORDER :

At the admission stage, this Court finds no merits in the Civil Revision Petition.

2. This civil revision petition is directed against the order dated 29.04.2016 in I.A.No.910 of 2015 in A.S. (SR). No.4002 of 2015, passed by the Principal District Judge, Khammam, whereunder, learned Judge allowed the I.A. and condoned delay of 50 days in filing appeal by the respondent/defendant.

3. The reason shown by the respondent for delay in filing the appeal was that the certified copies of judgment and decree were misplaced in his Advocate's office and hence, he could not prefer the appeal in time. The petitioner/plaintiff opposed the said petition. Learned District Judge, taking the misplacement of the file as a natural event and observing that for lapse of the Advocate the party should not be made to suffer, allowed the petition by imposing costs of Rs.500/-. Hence, as already observed supra, I find no illegality or irrationality in the order impugned, as such, the civil revision petition is dismissed at the admission stage with a direction to the appellate Court to dispose of the main appeal expeditiously within a period of six months. No costs. Pending miscellaneous applications, if any, shall stand closed.

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U. DURGA PRASAD RAO, J 1st July 2016 ajr