
A recent court decision has given another chance to Sankineni Balakishan Rao, who faced a setback in his fight over who owns a piece of land. Let's break down what happened.
Back in 2015, Sankineni Balakishan Rao started a case (O.S. No. 35 of 2015) to claim ownership of a piece of land in Kolanur Village. He wanted: - To be officially recognized as the owner - To get the land back - To receive Rs. 2,000 per year until he got the land back
Unfortunately, the case was thrown out in December 2016 because Sankineni Balakishan Rao didn't attend court.
Sankineni Balakishan Rao didn't give up. In 2020, he tried to restart the case but was late by 93 days. He said he was sick, which is why he was late. However, the court didn't believe him because he didn't have any doctor's notes.
"The reason given was not a good enough excuse for the delay," the court said.
Sankineni Balakishan Rao's lawyer argued that he was really sick and couldn't come to court. They mentioned that the case was at a point where his presence wasn't that important. They asked for a more understanding approach, referring to a Supreme Court ruling that supports giving people a fair chance unless there's clear evidence of bad intentions.
The other side, led by Erra Ashaiah, argued that Sankineni Balakishan Rao didn't have believable reasons for the delay. They said they had already bought the land and were living on it, so Rao's claims were not fair.
Justice N. Tukaramji looked at the case and found that Sankineni Balakishan Rao's sickness seemed real. Even though there were no medical records, it wasn't enough to completely dismiss his claim.
"Complicated rules should not stop real justice," the court emphasized.
The court decided to give Sankineni Balakishan Rao another chance to continue his case, canceling the previous dismissal.
The trial court is now directed to restart Sankineni Balakishan Rao's case and handle it quickly, giving him a chance to prove his claim to the land.
This decision shows how important it is to balance rules with fairness, making sure justice is served even when there are delays.