IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.362 of 2010 Between: K.Vasantha ..... PETITIONER AND K.Subramanyam Naidu .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.362 of 2010 ORDER: Heard. The petitioner is the defendant in O.S.207/2000 on the file of the Principal Senior Civil Judge, Tirupati. The said suit was filed by the respondent/plaintiff for specific performance of the agreement of sale dated 06.12.1997 and the same was decreed by judgment and decree dated 07.07.2005. Aggrieved by the same, the petitioner/defendant filed AS(SR).No.486/2008 along with delay condonation petition in I.A.30/2008 seeking to condone the delay of 902 days in filing the appeal, on the file of the III Additional District Judge, Tirupati. The lower appellate court dismissed I.A.30/2008 by order dated 10.09.2009, against which this civil revision petition is filed. It is stated that in O.S.207/2000 the summons were served on the petitioner/defendant on 30.10.2000 and the same was adjourned to 29.12.2000, but no written statement was filed and the petitioner/defendant was called absent and set ex parte. It is stated that the petitioner/defendant filed a petition under Or.9 Rule-7 CPC along with written statement and the same was allowed, and when the matter came up for trial, again the petitioner/defendant made set ex p a r t e on 01.07.2005. Thereafter the evidence of the respondent/plaintiff was recorded and an ex parte decree was passed on 07.07.2005. It is stated that the petitioner/defendant filed a petition in I.A.109/2007 under Sec.5 of the Limitation Act seeking to condone delay of 485 days in filing petition under Or.9 Rule-13 CPC before the trial court and the same was dismissed by order dated 06.09.2007. Aggrieved by the same, the petitioner/defendant filed CRP.4691/2007 before this Court and the same was also dismissed by order dated 16.11.2007. After attaining the finality of the order in I.A.109/2007, the petitioner/defendant filed appeal with delay condonation petition seeking to condone the delay of 902 days in filing the appeal against the decree and judgment of the trial court dated 07.07.2005. The lower appellate dismissed the said application, against which this civil revision petition is filed. The question that arises for consideration in this civil revision petition is whether there are any reasonable and sufficient grounds to condone the inordinate delay of 902 days in filing the appeal. I have perused the entire record. As seen from the background of the case, the petitioner/defendant has not evinced any interest to contest the suit despite sufficient time was granted. The respondent/plaintiff also filed E.P.160/2005 for obtaining regular sale deed through process of law. This court while dismissing the CRP.4691/2007, held that the reasons stated by the petitioner/defendant are not convincing and no sufficient reason has been shown to condone the delay of 485 days in filing the petition under Or.9 Rule-13 CPC. The petitioner/defendant instead of filing appeal against the order of this Court in CRP.4691/2007, has chosen to file appeal against the decree and judgment in O.S.207/2000 with a petition to condone the inordinate delay of 902 days in filing the appeal. I am of the opinion that the lower appellate court after considering all the facts and circumstances of the case, rightly dismissed the I.A.30/2008 filed by the petitioner/defendant. I do not see any reasons to interfere with the order of the court below, and accordingly, the Civil Revision Petition is dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 16.04.2010 Dsr