HON’BLE SMT.JUSTICE T.MEENA KUMARI Civil Revision Petition No. 1539 of 2010 ORDER: This Civil Revision Petition is filed against the order-dated 8th March 2010 passed in I.A. No. 5 of 2010 in O.S No. 401/2005 on the file of the XII Additional Senior Civil Judge, (FTC) City Civil Court, at Secunderbad, wherein the request of the petitioner to condone the delay of 110 days in filing the petition to set aside exparte decree in the suit was negatived. The revision petitioner filed I.A. No. 5 of 2010 in OS No. 401 of 2005 under Order Section 5 of the Limitation Act praying the Court to condone the delay of 110 days in filing the petition for setting aside the exparte decree in the above suit on the ground that she is aged about 85 years and suffering from hypertension and therefore could not attend the proceedings on that particular date. The respondent therein filed counter and resisted the said application. The court below, after considering the material placed before it, dismissed the said application. Aggrieved against the same, the present civil revision petition is filed. Heard learned counsel for the petitioner and perused the impugned order. The docket reveals that when the matter came up for hearing on 13-4-2010, neither the counsel for caveator nor the caveator appeared and as such the matter was directed to be listed on 15-4-2010. Again, on 15-4-2010, when the matter is taken up none appeared on behalf of the respondent/caveator. Further, the record reveals that the revision petitioner, who is aged about 85 years, also filed a medical certificate in support of her contention that she is suffering from ailments of hypertension etc. The court below ought to have considered the request of the petitioner keeping in view of her old age and ailments from which she is suffering. As seen from the impugned order, it is a suit for partition between mother and son and in such a suit I am of the opinion that instead of deciding the matter otherwise, it is better to give finality on merits. Record also reveals that the revision petitioner along with the above petition filed her written statement in the suit. Under the above circumstances, this revision petition is allowed and consequently I.A. No. 5 of 2010 in O.S. No. 401 of 2005 on the file of XII Additional Senior Civil Judge, City Civil Court, Secunderabad is allowed. However, since the suit is of the year 2005, the Court below is directed to dispose of the main suit, within a period of 6 months from the date of receipt of a copy of this order without being influenced by any of the observations made herein and in the impugned interlocutory application. _____________________________ dt.15.04.2010 JUSTICE T MEENA KUMARI kvrk THE HON’BLE SMT.JUSTICE T.MEENA KUMARI Civil Revision Petition No. 1539 of 2010 15-04-2010