Section 5 of the limitation Act.=delay of (3776) days in filing the aforementioned proposed first appeal suit =the plaintiff at the instance of the villagers had committed that he would not execute the decree.- It is hard to believe that the plaintiff, who had obtained a decree on merits, after a serious and long drawn contest, had made such a commitment. Further, even if any such commitment was said to have been made, still, the Government officer concerned should have approached the Assistant Government Pleader and ought to have obtained his opinion and ought to have got preferred a first appeal and ought to have got the settlement recorded in the said appeal.;The next cause urged for condonation of delay is that the record was misplaced and could not be traced till the execution petition reached an advanced stage of the evidence on the side of the judgment debtors/ Government. The said averment lays bare that even after the execution petition was filed, no sincere efforts were made by the officer and his staff concerned for tracing the file. Therefore, the reasons assigned ex facie appear to be not sufficient and valid reasons for condonation of the long delay of more than (3500) days.
CRP 200 / 2016 CRPSR 15960 / 2015 CASE IS:DISPOSED PETITIONER RESPONDENT THE MANDAL DEVELOPMENT OFFICER, KONIJERLA & 3 ORS VS BODAPOTHULA VENKAIAH & 2 ORS PET.ADV. : GP FOR ARBITRA…
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