HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.523 OF 2010 Dt.1.10.2010 Between: Vinayakamma ..Petitioner And B.Gopal Naidu and another ..Repondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.523 OF 2010 ORDER: This civil revision petition is directed against the order in I.A.No.313 of 2007 in O.S.No.251 of 2002 on the file of the I Additional Junior Civil Judge, Chittoor, dated 30.10.2009, in refusing to condone the delay of 368 days in filing the petition to set aside the dismissal order dated 6.3.2006. Petitioner herein is the plaintiff, who filed the suit for perpetual injunction against the respondents/defendants from interfering with her peaceful possession and enjoyment of the suit schedule properties. It is the case of the petitioner that in the said suit, injunction was granted which was also made absolute and the appeal against the said injunction filed by the defendants was also dismissed. When the suit was posted for trial on 6.3.2006 for trial as a last chance, the counsel could not appear on that day and therefore he was called absent and on representation of the defendants that the matter was settled out of court, the suit was dismissed for default. It is stated that no such compromise has been taken place. The absence on 6.3.2006 when the case was called was neither wilful nor wanton. When the petitioner recently approached her counsel, she was informed that the suit was dismissed for default and accordingly advised to file application to set aside the dismissal order. Therefore, the present application is filed seeking to condone the delay of 368 days in filing the petition to set aside the dismissal order dated 6.3.2006. In the affidavit filed in support of the application for condonation of delay of 368 days, the petitioner has stated the reasons for non-appearance of the counsel when the suit was posted for trial on which date the suit was dismissed for default of the plaintiff on 6.3.2006. The petitioner has failed to explain any reasons for not filing the application to set aside the dismissal order within the prescribed time. Having regard to the facts and circumstances of the case, I do not see any reason, much less sufficient reason for condoning such an inordinate delay. Therefore, I am of the opinion that the court below rightly dismissed the said application. I do not see any infirmity, legal or otherwise in the order impugned. The civil revision petition is accordingly dismissed. ________________ V.ESWARAIAH, J. 1.10.2010 kpr