Smt. M.V.Seshamma v. K.Nageshwar Rao

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI CIVIL REVISION PETITION No.2043 of 2022 ORDER:

This Civil Revision Petition is filed aggrieved by returning of CMA SR No.8586 OF 2022 by the District Judge, Ranga Reddy District Courts, on the ground that the Appeal is not accompanied by condone delay petition.

2.

The petitioners herein preferred an Appeal against the injunction order granted in I.A.No.1016 of 2021 in O.S.No.441 of 2021, dated 30.03.2022 on the file of I Addl. Junior Civil Judge-cum-XV Addl. Metropolitan Magistrate, Cyberabad, Rajendra Nagar.

3.

Learned counsel for the petitioners contended that the Prl.District & Sessions Judge, Ranga Reddy District returned the Appeal on the ground that the appeal is not accompanied by condone delay application, vide orders dated 30.08.2022. Aggrieved by the same, the present Civil Revision Petition is filed.

4.

Learned counsel for the petitioners further contended that the Appellate Court i.e, the Principle District & Sessions Court ought to have entertained the Appeal without any condone delay application from the petitioners herein. 5.

This Court having considered the submission made by the learned counsel for petitioners is of considered view that without condone delay application, the Appellate Court cannot entertain the Appeal preferred by the petitioners. Therefore, the Appellate Court was justified in returning the CMA SR No.8586 OF 2022 preferred by the petitioners, vide order dated 30.08.2022. Therefore, this court is not inclined to entertain the Civil Revision Petition.

6.

Accordingly, the Civil Revision Petition is dismissed. Miscellaneous petitions, if any, pending shall stand dismissed. _____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 23rd September, 2022 PKR /SHA Note: Issue CC in two days.