HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4823 of 2010 ORDER: The petitioners herein are the tenants who filed this Revision under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, aggrieved by the order, dated 19.10.2010, passed by the Chief Judge, City Small Causes Court, Hyderabad, dismissing the application in I.A.No.659 of 2010 in R.A.(SR).No.7490 of 2010, purportedly filed under Section 5 of the Limitation Act seeking to condone the delay of 18 days in filing the appeal as against the orders of eviction, dated 21.06.2010 passed in R.C.No.37 of 2007 on the file of the Principal Rent Controller, Secunderabad. In the affidavit filed in support of the said application, the deponent therein, who is the first petitioner herein submitted that subsequent to obtaining a copy of the eviction order, he fell ill and as such, he could not file the appeal in time. Heard learned counsel for the petitioners and perused the relevant material on record. Since the main appeal arises against the substantial relief of eviction, which is seriously opposed by the petitioners, the Court below should have given an opportunity to both the parties and thereafter, disposed of the same on merits rather than dismissing the application on the threshold itself. Further, the delay is not at all abnormal one, it is only 18 days. In that view of the matter, the Civil Revision Petition is allowed, setting aside the impugned order and the said application in I.A.No.659 of 2010 in R.A.(SR).No.7490 of 2010 on the file of the Chief Judge, City Small Causes Court, Hyderabad, stands allowed. It is needless to mention that interim stay granted by this Court shall continue to remain in force till the disposal of the said appeal. The lower appellate Court is directed to dispose of the said appeal within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ JUSTICE B.PRAKASH RAO 07th April 2011 DR