HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.5437 OF 2011 ORDER: The petitioner ﬁled O.S No.91 of 2008 in the court of the Senior Civil Judge, Addanki, against the respondents for partition and separate possession of the suit schedule properties comprising of 6 items. The suit was contested by the respondents. The trial Court passed a preliminary decree on 30-11-2009, in respect of items 3, 4 and 6. Feeling aggrieved by the denial of relief in respect of other items of property, the petitioner ﬁled an appeal before the Court of Principal District Judge, Ongole. Since, there was delay of 108 days in ﬁling the appeal, he ﬁled I.A.No.344 of 2010 under Section 5 of the Limitation Act. It was pleaded by the petitioner that on account of ill health, he could not contact his advocate in the trial Court and thereby the delay was caused. A counter has been ﬁled on behalf of the respondents 7 to 13. It was stated that the aﬃdavit ﬁled, in support of the petition, is silent as to the speciﬁc reasons and that such a long delay cannot be condoned on the strength of vague and general allegations. The lower appellate Court dismissed the I.A. through order, dated 25- 02-2011. Hence, this revision. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. The delay involved in presentation of the appeal was 108 days. The petitioner appears to be a senior citizen and occurrence of illness to him cannot be said to be an extraordinary phenomenon. The record discloses that the appellant herein ﬁled the suit way-back in the year 1996, and after undergoing various stages, it came to re- numbered in the year 2008 and disposed of in 2009. An individual cannot be expected to be alert and attentive for such a long time. The petitioner could have been speciﬁc about the nature of ailment and the type of treatment, but mere failure to furnish those details cannot lead to denial of relief. The delay can be condoned on some conditions. 4. The Civil Revision Petition is allowed and the order impugned is set aside. Accordingly, I.A. No.344 of 2010 is allowed on payment of Rs.3,000/- as costs to the counsel for the respondent within a period of four (4) weeks from today. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J November 28, 2011. KT L