Smt.M.Premalatha v. Mr.M.Srinivas Reddy

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] FRIDAY THE TENTH DAY OF MARCH TWO THOUSAND AND SEVENTEEN PRESENT CMA.MP.No. 2110 OF 2013 IN CMA.No. 1223 OF 2004 A N D CMA.No. 1223 OF 2004 Between:

M. Premalatha ...

Petitioner/Appellant V/s.

M. Srinivas Reddy ...

Respondent/Plaintiff Counsel for the Petitioner/Appellant:

Sri V. Raghunath Counsel for the Respondent:

None appeared The court made the following:

[Judgment follows]

CMA.MP.No. 2110 OF 2013 IN CMA.No. 1223 OF 2004 A N D CMA.No. 1223 OF 2004 J U D G M E N T : {Per the Hon'ble Sri Justice Suresh Kumar Kait} CMA.MP.No. 2110 of 2013 is filed by the petitioner seeking to condone the delay of 699 days in filing the petition to set aside the order dated 13/12/2011 passed in CMA.No. 1223 of 2004.

2. Vide order dated 02/02/2017, counsel for the respondent made appearance and sought time to file affidavit and accordingly two weeks time granted to file counteraffidavit. However, counter-affidavit has not been filed.

3. Appeared none on behalf of the petitioner. In the present petition, it is stated in the affidavit filed in support of the petition that the petitioner could not file the petition to set

aside the order dated 13/2/2011 within the stipulated time for the reason that the petitioner is an illiterate woman hailing from a remote village; and her father was looking after the matter. Moreover, she was not aware of the legal proceedings, as she is a illiterate woman. The Revision Petitioner due to age, suffering with prolonged ill-health and remained bedridden for one year before the death of her father on 03/05/2012.

4. In the present petition no medical document is filed. Moreover, the petitioner participated in the proceedings before the court below, therefore, her submission as being a woman and illiterate cannot be given consideration. There is inordinate delay of 699 days in filing the petition to set aside the order dated 13/12/2011 as noted above.

5. We find no grounds to condone the delay in the present petition and the same is accordingly dismissed. Consequently, CMA.No. 1223 of 2004 is rejected. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this appeal shall stands closed.

___________________________ JUSTICE SURESH KUMAR KAIT ____________________________ JUSTICE U. DURGA PRASAD RAO 10/03/2017 I s L

CMA.MP.No. 2110 OF 2013 DELAY PETITION DISMISSED CMA.NO. 1223 OF 2004 (APPEAL REJECTED) {Per the Hon'ble Sri Justice Suresh Kumar Kait} Date: 10/03/2017 Circulation No. 2 2 0 Court Master: I s L