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2023 (3) TMI 1470 - ANDHRA PRADESH HIGH COURTCondonation of delay in filing appeal - petitioner is not keeping good health and his counsel before the court below on that particular day was in some other court conducting trial work - sufficient reason for delay or not - Section 5 of the limitation Act - Permanent injunction restraining the defendants and their men from obstructing or inferring in any manner from using the Rastha by taking the bullock cart which is existing from time immemorial - HELD THAT:- The present application was filed under Section 5 of the limitation Act to condone the delay of 339 days in filing the petition for restoration of the suit which is filed for permanent injunction restraining the defendants from interfering with the usage of 'Rasta'. No doubt the petitioner has not explained the reasons for the delay in his application. But, the court should have considered the same by imposing some costs. Ordinarily, the litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible adjudication is done on merits. Though the suit is of the year 2012, still the same is pending and if the said application is not considered, the rights of the petitioner will be affected. Keeping in view of the same, this court is inclined to consider the revision by passing following order. The Civil Revision Petition is allowed setting aside the order on the file of Principal Junior Civil Judge, Adoni, on a condition of payment of costs at Rs. 1500/- to the respondents within two weeks from the date of receipt of this order.
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