IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE And THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 325 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/01/2008 in WP NO : 20670 OF 2006 on the file of the High Court.) Between: Pampana Musalaiah, s/o Brahmaiah, r/o Bhaskararao Peta Village, Kalidindi Mandal, Krishna District. ..... APPELLANT AND 1 The Court of the Junior Civil Judge, at Kailaluru Krishna District. 2 Pachigolla Golla (D.Hr.) s/o Venkateshwarlu,Hindu Elurupadu-Kalla Mandal, Bhimavaram, J.C.J.C., West Godavari District. 3 Kotla Sri Venkata Subba Rao (Auction Purchaser) s/o Subbaiah,Hindu Elurupadu, Kalla Mandal, Bhimavaram-J.C.J.C., West Godavari District. .....RESPONDENTS Counsel for the Appellant : MR.M.C.ACHARYULU Counsel for the Respondents : NONE APPEARED The Court made the following : THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE And THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 325 of 2008 JUDGMENT : (Per Hon’ble The Chief Justice Sri Anil R.Dave) Being aggrieved by an order dated 28th January 2008 passed in W.P.M.P.No.6669 of 2007 and W.P.M.P. (SR).No.23628 of 2007 in Writ Petition No.20670 of 2006, this appeal has been filed. The appellant has been aggrieved by an order whereby delay of 128 days had not been condoned by the learned Single Judge. The facts giving rise to the litigation, which was before the learned Single Judge, pertain to a challenge made to an order dated 28th October 2002 in I.A.No.113 of 2002 in E.P.No.71 of 2001 in O.S.No.24 of 2000 passed by the Court of Junior Civil Judge, Kaikalur. Being aggrieved by the aforesaid order, Writ Petition No.20670 of 2006 was filed, but it was dismissed for default as the learned Advocate appearing for the appellant did not remain present at the time when the petition was called out. In the circumstances, an application for restoration of the writ petition was filed, but there was a delay of 128 days in filing the application. The said application has been rejected by the learned Single Judge for the reason that there was no supporting evidence to substantiate the case made out by the appellant in the application. It was stated in the application that the learned Advocate appearing for the appellant was sick. Nothing with regard to sickness had been stated and no affidavit of the learned Advocate was filed. No sickness certificate issued by the Doctor, was filed. In the circumstances, the application was rejected and, therefore, this appeal has been filed We record the fact that the petition was filed challenging an order dated 28th October 2002 in I.A.No.113 of 2002 in E.P. No.71 of 2001 in O.S.No.24 of 2000. Petition was filed in 2006 for challenging an order dated 28th October 2002. This itself shows that the appellant was not vigilant with regard to his rights. Otherwise, the appellant would not have filed the petition after four years. We find that there was delay at every stage. In our opinion, even on merits, this Court would not have entertained the writ petition after a long period of four years in execution proceedings. We also do not find any substance in the petition and we are in agreement with the observations made by the learned Single Judge and, therefore, the appeal is dismissed. _________________ ANIL R. DAVE, CJ 31st March 2008 ___________________ R. SUBHASH REDDY, J ajr To: 1 The Court of the Junior Civil Judge, at Kailaluru Krishna District. 2 Pachigolla Golla (D.Hr.) s/o Venkateshwarlu, Elurupadu-Kalla Mandal, Bhimavaram, J.C.J.C., West Godavari District. 3 Kotla Sri Venkata Subba Rao (Auction Purchaser) s/o Subbaiah, Elurupadu, Kalla Mandal, Bhimavaram- J.C.J.C., West Godavari District.