THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3774 OF 2013 Dated:23-07-2014 Between:
Mohammed Moinuddin and another ... PETITIONERS AND Mohammed Khaleel .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3774 OF 2013 ORDER:
The respondent filed OS No. 4627 of 2006 in the Court of VIII Junior Civil Judge, City Civil Court, Hyderabad against the petitioners for the relief of perpetual injunction in respect of the suit schedule property. The suit was decreed on 25-11-2008. Aggrieved by that, the petitioners filed an appeal before the Court of Chief Judge, City Civil Court, Hyderabad. Since there is a delay of 75 days in filing it, they filed I.A No. 2161 of 2009 under Section 5 of the Limitation Act. It was pleaded that the certified copy was received on 28-02-2009 and since the 1st petitioner who is pursuing the matter happens to be an old person, he could not take immediate steps. It was also mentioned that he suffered a paralytic stroke. The respondent opposed the application by filing a counter affidavit. The lower appellate Court dismissed the I.A through its order dated 30-05-2012. Hence, the revision.
Heard the learned counsel for the petitioners and the learned counsel for the respondent.
The delay involved is just 75 days. It is not in dispute that the petitioner who is pursuing the matter is an old man and added to that, he had suffered a paralytic stroke. Under these circumstances, it cannot be said that the delay was either unexplained or deliberate.
The C.R.P is accordingly allowed and the order under revision is set aside. Thereby, the delay is condoned. The lower appellate Court shall dispose of the appeal within one year from today.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 23rd July, 2014 ks