THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3267 of 2011 ORDER: The respondent filed O.S.No.52 of 2008 in the Court of Junior Civil Judge, Chirala against the petitioners for the relief of perpetual injunction. He has also filed I.A.No.203 of 2008 under Order 39 Rules 1 and 2 C.P.C. The trial Court allowed the I.A. on contest. The petitioners presented a Civil Miscellaneous Appeal in the Court of Senior Civil Judge, Chirala against the order of temporary injunction. Since there was a delay of 28 days, they filed I.A.No.1357 of 2009 under Section 5 of the Limitation Act. They state that the delay occurred on account of the illness and fever suffered by the 1st petitioner. The respondent remained ex parte in the I.A. The trial Court dismissed the application, through order, dated 23.06.2011. Hence, this revision. Heard the learned counsel for the petitioners. Though the respondent is served with notice, he did not enter appearance. The delay involved is less than one month. The petitioners state that the 1st petitioner suffered from illness and was bedridden due to viral fever. There was no opposition to the I.A., since the respondent remained ex parte. The lower appellate Court proceeded on a hyper technical manner and dismissed the I.A. by observing that each day’s delay was not explained. This Court is not at all impressed by the reasons mentioned by the lower appellate Court for dismissing the I.A. Therefore, the civil revision petition is allowed and the order under revision is set aside. As a result, I.A.No.1357 of 2009 is allowed and the delay in filing the C.M.A. is condoned. There shall be o order as to costs. _________ 28.10.2011 Note: Issue C.C. in one week. (B/o) JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3267 of 2011 Date: 28.10.2011 JSU