Gunuru Sanyasi Naidu (Died ) (Sole Plaintiff) v. Gorle Sanyasi Naidu
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Civil Revision Petition No.1758 of 2015 Between:
1. Gunuru Sanyasi Naidu (died)
2. Gunuru Prudhvi Anand
3. Gunuru Divya
4. Gunuru Manga
5. Gunuru Yerrayyamma
6. Pyla Kanaka Ratnam ... Petitoners/Proposed L.Rs of the plaintiff And Gorle Sanyasi Naidu ... Respondent/Defendant DATE OF JUDGMENT PRONOUNCED: 24.07.2015.
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN & HON'BLE SRI JUSTICE S. RAVI KUMAR Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
Whether the copies of judgment may be Yes/No marked to Law Reports/Journals Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.1758 of 2015
ORDER:
The order under revision is the order of the Principal Junior Civil Judge, Chodavaram in I.A. No.233 of 2013 in O.S. No.30 of 2010 dated 17.12.2014, whereby the Court below refused to condone the delay of 112 days in filing the L.R. petition as Article 120 of schedule of the Limitation Act required the petition to be filed within 90 days from the date of the death of the plaintiff. In effect, the delay is only of 23 days as, if an application to bring the legal representatives of the deceased plaintiff on record, had been filed within 90 days, it would have been within time. It is wholly unnecessary for this Court to dwell on this aspect any further as Sri M. Radhakrishna, Learned Counsel for the respondent, would fairly state that the delay is not so inordinate as to justify refusal to condone the delay.
In view of the submission of Sri M. Radhakrishna, Learned Counsel for the respondent, the order of the Court below is set aside; and the delay of 112 days in filing the L.R. petition is condoned. The Civil Revision Petition is disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand disposed of. No costs. _______________________________ RAMESH RANGANATHAN, J Date:24.07.2015 MRKR