THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.28518 of 2009 ORDER: The petitioner intended to purchase a plot of land in survey No.74/8 of Marredpally, Secunderabad, from M/s.M.Raghu Babu and three others. In that context, an agreement of sale-cum-general power of attorney was executed on 09.08.2007 and the same was presented before the Sub-Registrar, Marredpally, the 3rd respondent. Through a notice, dated 19.09.2008, the 3rd respondent expressed his inability to admit the document to registration. Aggrieved thereby, the petitioner preferred an appeal, before the District Registrar, Hyderabad, the 2nd respondent, under Section 72 of the Registration Act, 1908 (for short ‘the Act’). The appeal was rejected, through proceedings, dated 11.12.2009. The petitioner feels aggrieved by the same. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The notice, dated 19.09.2008, issued by the 3rd respondent, does not state any reasons. However, it is evident that he passed a detailed order, on the same day, furnishing the reasons, on account of which he refused to entertain the document. The petitioner was properly advised to avail the remedy of appeal under Section 72 of the Act. The appeal was rejected, only on the ground that it was presented beyond 30 days. The petitioner states that he did not receive the communication of the 3rd respondent for quite sometime and that the appeal was presented within 30 days from the date of receipt of those proceedings. Even assuming that there was any delay on the part of the petitioner in preferring the appeal, the 2nd respondent ought to have returned it with a direction to file the appeal along with an application for condonation of delay. Though Section 29(2) of the Limitation Act makes Section 5 applicable to the proceedings before the 2nd respondent, inasmuch as the proceedings are adversarial in nature, the 2nd respondent can be required to entertain the appeal and decide it on merits. Hence, the Writ Petition is allowed, and the impugned proceedings, dated 11.12.2009, issued by the 2nd respondent, are set aside. The delay in presentation of the appeal is condoned and the 2nd respondent is directed to entertain the appeal and pass orders, on merits, after giving opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.11.03.2010. GJ