HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.948 of 2008 ORDER: This revision is filed against the order in I.A.No.15 of 2006 in un-numbered A.S., of 2006 refusing to condone the delay of 393 days in filing of the Appeal. The suit was one for injunction with regard to two items of the property and so far as one item, which is item No.2 is concerned, the relief was granted and whereas against other item, no relief was granted. It appears, aggrieved by the judgment, so far as it relates to the first item, the appellant has preferred the appeal and as there was delay in filing the appeal, the application was filed for condonation on the ground that the petitioner was not in the village for long time and was taking treatment and therefore, the appeal could not have been filed in time. The learned Senior Civil Judge, Chirala, dismissed the application on the ground that there is no proper explanation for condoning the delay and there is also no material to support the reasons given by the petitioner. The learned counsel for the petitioner submits that the petitioner is an illiterate and the non-filing of any medical record is no ground to deny his rights in the property. Evidently, valuable rights of the parties are involved in the suit and the plaintiff-appellant has prosecuted the case diligently in the lower Court. It is generally accepted that in cases of condonation of delay, where rights in immovable property are involved, an opportunity should be given to the parties to show their claim and unless and until it is mala fide, the Court cannot reject the same. It is also difficult to expect a day-to-day explanation for condonation of the delay. Therefore, taking into consideration the above circumstances, I feel the delay can be condoned on some terms. The respondents in this C.R.P have received the notice and did not appear. Therefore, the petition can be allowed on payment of costs of Rs.1,000/- (Rupees One Thousand only) to the Secretary, A.P.State Legal Services Authority, within two (2) weeks from today and on proof of the same, the petition shall stand allowed and the lower Court is directed to condone the delay in filing the appeal and proceed with further steps in the appeal. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. ________________________________ JUSTICE N.R.L. NAGESWARA RAO 18th February, 2011 VJL