Vadlamudi Nageswara Rao v. Oruganti Sambasiva Rao

HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3457 of 2010 ORDER: Petitioner filed this revision under Article 227 of the Constitution of India inter alia seeking to assail the correctness of the order dismissing the application purported to have been filed under Order XLI Rule 3-A of CPC and Section 5 of the Limitation Act, 1963, with a prayer to condone the delay of 64 days in filing the appeal. Heard. Perused the material available on record. The facts, in brief, are that the respondent filed O.S.No.83 of 2008 on the file of the Senior Civil Judge, Mangalagiri, for specific performance of contract of sale dated 13.08.2004 said to have been executed by the petitioner herein and the same was decreed on 17.06.2009. Petitioner sought to file an appeal but there happened 64 days delay in filing the appeal. In the affidavit which has been filed in support of the application though it runs into several sentences, in paragraph-2, except baldly stating that due to ill health he could not meet his advocate and obtain copies of decree and judgment and so there happened the delay of 64 days in filing the appeal, no sufficient cause has been put forth for condonation of such delay. The Court below, after taking into consideration the said reason and there being no detailed particulars as to on what dates he was suffering from ill health, did not find favour to show any indulgence on the petitioner. I have also gone through the affidavit. As rightly pointed out by the Court below, there is nothing specific about the ill health suffered by him or the dates etc. Therefore, in view of the discretion exercised by the Court below, I find no reason warranting inference by this Court. The Civil Revision Petition is devoid of merits and hence is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. 1st October, 2010 CVRK _____________________ B.PRAKASH RAO, J