Kukkala Ramaswamy v. Kodumuri Puspanjali

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO C.R.P.No.4000 of 2016

ORDER

Heard Sri Repakula Nageswara Rao and S r i M.M.M.Srinivasa Rao, learned counsel, representing Sri Kowturu Vinaya Kumar, learned counsel for the respondent. With the consent of both the counsel, this Civil Revision Petition is disposed of at the admission stage.

This Civil Revision Petition is filed against the order dated 27.01.2016 in I.A.No.246 of 2015 in O.S.No.65 of 2013 on the file of the I Additional District Judge, Khammam, whereby the learned trial Court dismissed the petition filed by the petitionerplaintiff to condone the delay of 175 days in filing the petition to set aside the dismissal order. Considering the submissions of the learned counsel for the petitioner-plaintiff that the suit is filed for declaration and recovery of possession of the suit property and valuable property rights are at stake and, an opportunity may be given to him to prosecute the said suit, this Court considered it apposite to condone the delay of 175 days in filing

the petition to set aside the dismissal order by imposing heavy costs.

In the result, the Civil Revision Petition is allowed and the impugned order dated 27.1.2016 in I.A.No.246 of 2015 in O.S.No.65 of 2013 is set aside and the said I.A. is allowed by condoning the delay of 175 days in filing the petition to set aside the dismissal of the suit on the condition of the petitioner-plaintiff paying costs of Rs.2,000/- (Rupees two thousand only) to the respondentsdefendants on or before 26.09.2016, failing which, this order shall be deemed cancelled.

Miscellaneous petitions, if any, pending shall stand closed.

_______________________________ JUSTICE U.DURGA PRASAD RAO 27th August, 2016 rkk