Vs. Shivananda Bhooshetti  INSC 1949 (14 November 2008)
JURISDICTION CIVIL APPEAL NO.6655 OF 2008 (Arising out of S.L.P. (C) No.24401
of 2007) Madivalyya Mathapati ...Appellant(s) Versus Shivananda Bhooshetti
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The Trial Court
decreed the suit against which order when an appeal was filed, the appellate
court dismissed the petition for condonation of delay of four months and twenty
seven days in filing the same and consequently dismissed the appeal as barred
by limitation. The said order has been confirmed by the High Court. Hence, this
appeal by special leave.
Having heard learned
counsel appearing on behalf of the parties and perused the records, especially
the grounds taken for condonation of delay, we are of the view that the first
appellate court was not justified in refusing to condone the delay and
dismissing the appeal as barred by limitation and the High court has committed
an error in confirming the same.
Accordingly, the appeal is allowed, impugned orders passed by the first
appellate court and the High Court are set aside, delay in filing the appeal
before the first appellate court is condoned and that court is directed to
dispose of the appeal on merits in accordance with law after giving opportunity
of hearing to the parties.