Lanka Venkateswarlu (D) By Lrs vs State Of A.P. & Ors

3. We may now briefly notice the relevant facts as stated in the pleadings of the parties and the impugned order of the High Court. The predecessor of the appellants, i.e., Shri Lanka Venkateswarlu, (hereinafter referred to as `original plaintiff'), brought a suit O.S. No. 72 of 1979 before the subordinate judge Visakhapatnam 3 for the declaration of his title as the absolute owner of the suit schedule property and for permanent injunction restraining respondents Nos. 1 and 2 from interfering with his peaceful possession. The suit schedule property, to the extent of 2 acres was, according to the original plaintiff, covered by survey No. 73/12 in Thokada village.

4. Respondent Nos. 1 and 2 were impleaded as the defendants to the suit. Subsequently, the suit was 4 transferred to the Court of IVth Additional District Judge, Visakhapatnam and renumbered as O.S. No. 83 of 1981.

Issues 1, 2, 3, 4 and 6 were decided in favour of the original plaintiff and against the defendants, i.e., respondent Nos. 1 and 2. Issue No.5 with regard to valuation of the suit was not pressed by the government pleader. The suit was decreed by judgment dated 24th September, 1982.

7. The respondents challenged the aforesaid judgment and decree by filing an appeal before the High Court of Andhra Pradesh being A.S. No. 8 of 1985. The sole respondent, i.e., original plaintiff died on 25th February, 1990. Therefore, the Advocate appearing for the deceased original plaintiff being the `sole respondent' in the appeal filed a memo before the High Court giving intimation about the death of his client. The memo was filed after giving notice to the advocate for respondent 6 Nos. 1 and 2, who were appellants in the aforesaid appeals. In spite of such intimation, respondent Nos. 1 and 2 failed to bring the legal representatives of the deceased original plaintiff on record.

9. The aforesaid order was admittedly not complied with. Consequently, the appeal stood abated in terms of the order dated 6th February, 1998. It appears that thereafter CMPSR No. 49656 of 2000 was moved by respondent Nos. 1 and 2 seeking condonation of 883 days delay in filing the petition to set aside the dismissal order dated 6th February, 1998. The application was 8 accompanied by an affidavit where it is candidly admitted by respondent No.2 that the order dated 6th February, 1998 was not complied with. It was further admitted that as the order dated 6th February, 1998 was not complied with, the default order came into force and the appeal stood dismissed.

(4) After one year the Court passed a Conditional Order on 6.2.1998 and the appeal was dismissed for not bringing the LRs. on record.

In the result an appeal which would have been disposed of in 1997 remained pending all these years mainly due to the negligence on the part of the Government Pleader in office.

6 (1964) 2 SCR 363 2

28. We are of the considered opinion that the caustic remarks made by the High Court, against the government pleaders and the Court staff clearly exhibits a departure from the principles quoted above.

29. We are of the considered opinion that the judgment of the High Court is unsustainable either in law or in equity. Consequently, the appeals are allowed. The impugned judgment of the High Court is set aside with no order as to costs.

February 24, 2011.