IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO : 1519 of 2009 Petition under Section ____ of CPC., to revise/against the order dated ______ in NO : of 0 on the file of the court of the Between: Baggu Suryanarayana S/o late Bakkayya R/o Thotapalem Village & Post Etcherla Mandalam Srikakulam District ..... PETITIONER AND Baggu Appa Rao S/o late Bakkayya R/o Thotapalem Village & Post Etcherla Mandalam Srikakaulam District .....RESPONDENT Counsel for the Petitioner:MR.TARLADA RAJASEKHAR RAO Counsel for the Respondent : MR.A.RAMA RAO FOR RVAK-1 The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION NO. 1519 OF 2009 ORDER: While the order of the Court below, refusing to condone the delay in filing the application to set aside the ex parte decree, cannot be said to be without merit, it must also be borne in mind that the Suit, in the present case, has been filed by a younger brother against his elder brother seeking declaration of title and delivery of possession of the suit schedule property of an extent in excess of Ac.10.00 cts of land. Though the Counsel for the respondent would vehemently submit that the delay in filing the I.A. is inordinate, I am satisfied that the jurisdiction under Article 227 of the Constitution of India is required to be exercised in the present case as failure to do so would result in manifest injustice to the petitioner who, without contest, would be deprived of an extent of land in excess of Ac.10.00 cts. In the peculiar facts and circumstances of the present case it is just and appropriate that the delay of 729 days, in filling the I.A., is condoned on payment of exemplary costs by the petitioner herein to the sole respondent which is quantified as Rs.10,000/- (Rupees ten thousand). The costs aforementioned shall be paid within a period of four weeks from today. On proof of such costs being paid, the Court below shall restore the suit to file, and thereafter hear and dispose of the suit on merits. The revision is, accordingly, disposed of. __________________________ Dated: 21.08.2009. RAMESH RANGANATHAN, J