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november 2008

Supreme Court of India · 2008-11-14

Madivalyya Mathapati vs Shivananda Bhooshetti

Court
Supreme Court of India
Petitioner
Madivalyya Mathapati
Respondent
Shivananda Bhooshetti
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the first appellate court erred in refusing to condone a delay of four months and twenty-seven days in filing an appeal, which led to the dismissal of the appeal as barred by limitation. The Court found that the High Court also committed an error in confirming this dismissal. Consequently, the appeal was allowed, the impugned orders were set aside, and the delay was condoned, directing the first appellate court to hear the appeal on merits.

Madivalyya Mathapati vs Shivananda Bhooshetti · Niyam