THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION NO.483 OF 2011 Date: 29.11.2011 Between: Jaddu Krishna Murthy …..Petitioner And Jaddu Surya Prakasas Rao and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION NO.483 OF 2011 ORDER: Petitioner herein is the plaintiﬀ in O.S.No.119 of 1995 on the ﬁle of the I Additional Junior Civil Judge, Bhimavaram. The said suit was ﬁled for partition and possession of the property and the same was dismissed on 20.9.1999. The petitioner preferred an appeal before the Senior Civil Judge, Bhimavaram (for short, Appellate Court) with a delay of 17 days. 2. The Appellate Court dismissed the appeal vide order dated 31.8.2007 in I.A.No.5088 of 2000 in A.S.No.---- of 2000 on the ground that the reasons stated for such delay in ﬁling the appeal are not convincing. 3. The learned counsel for petitioner submits that the petitioner had averred before the Appellate Court that as he was suﬀering from typhoid, he could not meet his counsel and ﬁle the appeal within the time. For such a short delay, the Appellate Court ought to have accepted the explanation given by the appellant as the delay was of 17 days only. 4. In view of the above, the impugned order dated 31.8.2007 in I.A.No.5088 of 2000 in A.S.No.---- of 2000 passed by the Senior Civil Judge, Bhimavaram, is set aside and remanded the matter back to the said Court for deciding the case on merits. 5. The civil revision petition is, accordingly, allowed. No costs. ________________________________ JUSTICE ASHUTOSH MOHUNTA 29th November, 2011 TJMR THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION NO.483 OF 2011 DATE: 29.11.2011