IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.

...2/-

- 2 -  

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, November 14, 2008.