THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5866/2008 Date of Order: 21-4-2011 Between: Davuluri Umamaheswara Rajasekhara Rao ..Petitioner and Lanke Ramanjaneyulu ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5866/2008 Oral order: The petitioner/defendant suffered an ex parte decree dt.4-4-2005 in OS No.71/2004, which was filed for recovery of the amount on the basis of pronote dt.29-4-2002. The petitioner/defendant filed IA in GL No.1392/2005 for setting aside the ex parte decree, along with the petition for condonation of delay. Condoantion of delay petition under Sec. 5 of the Limitation Act was returned on 9-8-2005 with certain objections giving seven days time for resubmission. Since the same has not been re-submitted within time, the said delay condonation petition was re-submitted along with a petition under section 151 CPC to condone the delay of 17 days in resubmitting the delay condonation petition. The said delay condonation petition under Sec. 151 CPC was retuned on 3-9-2005 with certain objections by giving 7 days time for resubmission. For non-compliance of the objections raised, the said petition was rejected on 4-10-2005. On the same day, delay condonation petition filed under Sec. 5 of the Limitation Act vide GL No.1392/2005 was rejected on 4-10-2005. Therefore, the impugned IA is filed to condone the delay of 568 days in filing the set-aside petition for setting aside the rejection order dt. 4-10-2005 passed in GL No.1392/2005 stating that delay caused in filing the petition for setting aside the rejection order dt.4-10-2005 passed in GL No.1392/2005 is neither wilful nor wanton. The respondent/plaintiff contested the petition by filing counter stating that he filed EP No.52/2006, in which the petitioner/defendant filed counter and to drag on the EP proceedings, the defendant filed the petitions one after the other and on that ground alone, the delay cannot be condoned. On dismissal of the delay condonation petition by the impugned order dt. 6-11-2008, the present revision is petition. The petitioner/defendant has absolutely not mentioned the reason as to why he has not submitted the condonation of delay petition in time. Further, even after returning the same on 9-8-2005, he has not resubmitted the same within time. He resubmitted the delay condonation petition under Sec.5 of the Limitation along with a petition under Sec. 151 CPC to condone the delay of 17 days in resubmitting the same. In the said petition also, he has not mentioned the sufficient reason for condoning the delay. He has not prosecuted his case properly, which resulted in filing of petitions one after the other. In that view of the mater, the petitioner/defendant is not entitled to any discretionary relief. The discretion exercised by the trial court in dismissing the delay condonation petition does not suffer from any illegality warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.21-4-2011 kmr