Case Note & Summary
The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil petitions under Section 151 of the Code of Civil Procedure, 1908, seeking permission to prefer regular first appeals against a decree passed in a suit for specific performance. The appeals were Regular First Appeal No.971 of 2010, RFA No.972 of 2010, and RFA No.973 of 2010. The respondents in the respective appeals were V. Sathyanarayana Rao and Thirupathi Reddy; B.N. Harshath, B.N. Mynavathi, B.N. Shailaja, and Thirupathi Reddy; and V. Sathyanarayana Rao and V. Shivaji Rao. The appellant was represented by Shri P.D. Surana, while the respondents were represented by Shri S. Gangadhar Aithal and others. The court, presided over by Justice Anand Byrareddy, considered the applications for condonation of delay. The court found that the delay was not intentional and that the appellant had sufficient cause for the delay. Accordingly, the court allowed the miscellaneous civil petitions, condoned the delay, and permitted the appellant to file the appeals. The court directed that the appeals be registered and listed for hearing. The judgment was delivered on 3rd March 2015.
Headnote
A) Civil Procedure - Condonation of Delay - Section 151 Code of Civil Procedure, 1908 - Inherent Powers - The court considered whether delay in filing appeals should be condoned. The appellant sought permission to file appeals against a decree in a suit for specific performance. The court held that the delay was not intentional and the appellant had sufficient cause, thus condoned the delay and permitted the appeals to be filed. (Paras 1-4)
Issue of Consideration
Whether the delay in filing the appeals should be condoned and the appellant permitted to prefer the appeals against the decree in the suit for specific performance.
Final Decision
The miscellaneous civil petitions are allowed. The delay is condoned and the appellant is permitted to prefer the appeals. The appeals shall be registered and listed for hearing.
Law Points
- Condonation of delay
- Section 151 CPC
- Inherent powers of court
- Liberal approach in condonation
- Sufficient cause
