THE HONOURABLE SRI JUSTICE B. CHANDRA KUMAR Civil Revision Petition No. 3918 of 2010 Order: The petitioners herein are challenging the order dated 31.05.2010 passed in I.A. No.1444 of 2009 in AS(SR) No.5873 of 2009 by the Principal District and Sessions Judge, at L.B.Nagar, R.R. District. The brief facts of the case are as follows. The petitioners are the plaintiffs in the original suit in O.S. No. 349 of 2004 on the file of the Junior Civil Judge, Medchal, Ranga Reddy District, filed for grant of perpetual injunction. On contest, the said suit was dismissed on 30.01.2009. There was delay of 16 days in preferring the appeal. The petitioners case is that till they were informed about the passing of decree on 05.02.2009 they had no knowledge about the passing of decree and immediately they applied for certified copies of decree on 05.02.2009. Though copies were made ready by 05.03.2009 they could not obtain the copies till 19.03.2009 and thereafter they consulted the advocates for their opinion and then they filed the appeal. Since the delay is only 16 days and though it appears that there are some laches on the part of the petitioners in not filing the appeal in time, but however considering the over all facts and circumstances of the case it appears that there was some communication gap between the petitioners and their counsel in the lower Court and for that reason the petitioners cannot be deprived of their right to appeal merely on technicalities. However, having regard to the laches, I consider it just and reasonable to allow the CRP on condition of the petitioners paying costs of Rs.1,000/- to other side counsel and since the costs have been paid to other side counsel in open Court, the CRP stands allowed. Consequently, I.A. No.1444 of 2009 filed by the petitioners before the lower Court stands allowed. It is submitted that the petitioners have obtained injunction order while admitting the CRP. However, in the circumstances, the petitioners are at liberty to approach the appellate Court for grant of interim injunction, if any. ____________________ B. CHANDRA KUMAR, J. Date: 22.12.2010 Nsr