YALAKAPALLI RAJU v. YALAKAPALLI VIJAYALAKSHMI ABBURI VIJAYALAKSHMI

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.1 of 2025 In/and CIVIL MISCELLANEOUS APPEAL NO: 577/2025 Between:

1. YALAKAPALLI RAJU, S/O YALAKAPALLI BHASKARA RAO AGED 37 YEARS, OCC WELDER, R/O. D.NO. 2-121, IDUGULAPALLI VILLAGE, GUDURU MANDAL, POLAVARAM, KRISHNA DISTRICT - 521162 ...APPELLANT AND

1. YALAKAPALLI VIJAYALAKSHMI ABBURI VIJAYALAKSHMI, W/o. Yalakapalli Raju, D/o Abburi Raja Rao, Aged 30 years, Occ Domestic Help, Near Ramulavari Temple, Mallavolu Village, Guduru Mandal, Krishna District - 521162 ...RESPONDENT Appeal Under Section_____against orderspleased to set the Decree and Judgment dated 01-08-2023 passed in D.O.P. 68 of 202 the file of the Court of 1 Additional District Judge, Krishna D Machilipatnam, consequently allow the said D.O.P.No.68 of 2022, as pra for, and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 484 days in filing the present appeal against Order and Decree dated 01-08-2023 passed in DOP.N0.68 of 2022, on the file of the Court of I Additional District Judge, Krishna District, Machlipatnam, and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to condone the delay of 98 days in re-submitting the CMA.577 of 2025, in the interest of justice, and pass IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to dispense with filing of the certified copy of the Decree dated 01- 08-2023 in O.P. No. 68 of 2022 on the file of the Hon‟ble Court of I Additional District Judge, Krishna District at Machilipatnam, for the present, and to pass Counsel for the Appellant:

1. M RAVIKANTH REDDY Counsel for the Respondent:

1. The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.1 of 2025 In/and CIVIL MISCELLANEOUS APPEAL NO: 577/2025 JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) Heard learned counsel for the appellant.

2. Learned counsel for the appellant has filed a memo of proof of service the respondent. According to which appellant has received acknowledgment card, which clearly shows that notice has been received by the respondent.

3. The appellant is the husband. He filed DOP.No.68 of 2022 under Section 10(i)(ix)(x) of Indian Divorce Act, 1869 seeking divorce from the respondent. The same was dismissed on 01.08.2023 by learned I Additional District Judge, Krishna, Machilipatnam. The present appeal has been filed with a delay of 484 days and for its condonation I.A.No.1 of 2025 has been filed. There is further delay of 98 days in resubmitting the appeal and for condonation thereof I.A.No.2 of 2025 has been filed.

4. Learned counsel for the appellant-applicant submits that the cause has been mentioned in para-3 of the affidavit and submits that the cause is sufficient to condone the delay.

5. Para-3 of the affidavit which reads as under: “3. I humbly submit that the judgment was delivered on 01-08-2023. My counsel in the court below filed the copy application on 01-08-2023. Certified copy of the decree and judgment was furnished to my counsel on 28-08-2023. I was informed by my counsel that the appeal has to be filed before this Hon’ble Court within (30) days. However, in the second week of April, 2023, I fell sick due to Dengue Fever and I was advised complete bed rest for a period of two weeks. After recovering from my ill health, I migrated to Rajasthan for my employment of welding work and later to Uttar Pradesh for the same, to eke out my livelihood. I fell terribly sick in Uttar Pradesh and could not fully recover from ill health. I used to fell ill very frequently that I was not able to return to my native place for two years. Recently, in the last week of January, 2025, I came back to Andhra Pradesh and approached my counsel for filing the appeal where I was informed that the limitation period was over. I requested my counsel explaining that I and my wife have been living separately for the last four years and that there are no chances of reunion and living together and requested my counsel to file an appeal. Now the present appeal is filed. In the meanwhile, there was a delay of 484 days occurred which is neither wilful nor wanton, but for the above said reasons, which is beyond my control. If the said delay is not condoned, I will be put to irreparable loss and damage, which cannot be compensated. Hence, the present petition is filed seeking to condone the delay in filing the present appeal.”

6. We that vague averments have been made without any specification of dates for the cause shown i.e., ill-health; one date i.e., 2nd week of April, 2023 is before the judgment dated 01.08.2023. We do not find any specific and clear averments. No document has been annexed in support of the said cause as well.

7. We are of the view that the cause shown is not sufficient. It is settled in law that delay cannot be condoned unless the „sufficient cause‟ is shown. Any sufficient cause is not established.

8. I.A.No.1 of 2025 is rejected. The Civil Miscellaneous Appeal is dismissed as barred by limitation No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J _____________________________ MAHESWARA RAO KUNCHEAM,J Dated: 04.02.2026 AG 156 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 577/2025 Dated: 04.02.2026 AG