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Holding its decision to be in the interest of justice, the supreme court has recently condoned a delay of 37 days in filing of an appeal before the First Appellate Court.

The High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh had dismissed the revision application filed by the appellant questioning the order passed by the First Appellate Court rejecting the application for condonation of delay of only 37 days.

It was argued that the appellant offered different explanation before the First Appellate Court and the High Court.

To this, a bench of Justices AM Khanwilkar and CT Ravikumar said,

"The question is whether the delay of 37 days in filing of the appeal against the acquittal of accused Nos. 2 to 5 can be said to be uncondonable?"

Answering this question in negative the Court remarked,

"In our opinion, as it is not in dispute that the appeal against conviction of accused No. 1 against the selfsame decision is pending before the First Appellate Court, it would be in the interest of justice that the delay of 37 days in filing the appeal before the First Appellate Court against acquittal of accused Nos. 2 to 5 is condoned."

Thus, while setting aside the judgment of the High Court, the top court ordered for the appeal to be revived and heard along with the appeal against the conviction of accused No.1 before the same Court.

Cause Title: SMT. CHAVA VENKATA SUJATHA v CHAVA THIRUPATHI RAO & ORS.