THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1047 OF 2014 Dated:23-04-2014 Between:
Taher Shareef ... PETITIONER AND Hafez Mohammed Anwarullah Ali and two others .. RESPONDENTS THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1047 OF 2014 ORDER:
The petitioner is aggrieved by the order dated 03-10-2013 passed by the learned XX Junior Civil Judge, City Civil Court, Hyderabad in I.A No. 402 of 2012 in O.S No. 610 of 2011 vide which the delay of 159 days in filing the application to set aside the order dated 07-03-2012 was condoned.
Learned counsel for the petitioner submits that without giving any notice to the petitioner, the application filed under Section 5 of the Limitation Act has been allowed.
The petitioner is defendant No.1 in the suit. A perusal of the impugned order shows that Sri Syed Abid Ali, advocate for the defendants had appeared before the trial Court when the delay was condoned. Hence, it cannot be aid that there was no notice to the petitioner – defendant No.1.
Accordingly, I find no infirmity in the impugned order and the civil revision petition is accordingly dismissed. Miscellaneous applications, if any, pending consideration shall stand closed. No order as to costs.
ASHUTOSH MOHUNTA, J 23rd April, 2014 ks