THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P No.1702 of 2006 Date:18.11.2010 Between: Medida Bhudevi ……….. Petitioner. And Dalli Basava Punnamma and others. ……. Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P No.1702 of 2006 ORDER: The civil revision petition is directed against the order dated 20.7.2005 passed in I.A.No.3032 of 2004 in A.S.No.nil of 2004 on the file of the District Judge, Guntur. The brief facts of the case are follows: The petitioner filed O.S.No.1081 of 2002 on the file of I Additional Junior Civil Judge, Guntur seeking permanent injunction against the defendants and their men from interfering with the peaceful possession and enjoyment of the plaint schedule property. The trial Court has dismissed the said suit without costs. Aggrieved by the same, the petitioner preferred an appeal along with delay condonation petition I.A.No.3032 of 2004 before the District Court, Guntur to condone the delay of 216 days in filing the appeal and the same was dismissed by the Court below. Aggrieved by the same, the petitioner preferred this revision under Section 115 CPC. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondents. The only point that arises for consideration is whether the impugned order is liable to be set aside in the circumstances of the case. Admittedly, the suit filed by the petitioner was dismissed on 20.2.2004. It is the case of the petitioner that she is aged about 75 years and that her husband died on 14.4.2004 and in the above circumstances, she could not file the appeal within the time. The lower Court ought to have considered the age of the petitioner and her contention that her husband died on 14.4.2004. It has to be seen that she filed I.A.No.3032 of 2004 to condone the delay of 216 days and the matter was posted for finally. There was no representation for the respondents and they were set exparte and that the matter was adjourned to 20th July 2005. On that day, there was no representation for the petitioner. Merely because, on one occasion, there was no representation for the petitioner, who is aged about 75 years and if the petition is dismissed, great injustice would be done to the parties. Justice hurried is justice buried. Having regard to the facts and circumstances of the case, the impugned order is set aside and in the circumstances stated by the petitioner, the delay of 216 days in preferring the appeal is condoned as the respondents in that I.A were already set exparte before the lower Court. In the above circumstances, the Civil Revision Petition is allowed and the learned District Judge, Guntur is directed to register the appeal if otherwise in order and issue notices to the respondents, fixing a date for their appearance. No costs. __________________________ JUSTICE B.CHANDRA KUMAR Date:18.11.2010 mrb