THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.3759 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned counsel appearing for the second respondent. This Civil Revision Petition is filed under Section 115 CPC by the plaintiff in O.S.No.421 of 2002 on the file of the learned II Additional Junior Civil Judge, Warangal, aggrieved by the order, dated 25.06.2010 passed in I.A.No.2974 of 2006. Petitioner herein filed the aforesaid suit for injunction simplicitor against the respondents. The suit was dismissed for default on 10.11.2005. As there was delay in filing the application to set aside the default order, the petitioner filed I.A.No.2974 of 2006 under Section 5 of the Limitation Act to condone the delay of 315 days in filing restoration application. The Court below on the ground that there was no sufficient reason to condone the delay, rejected the I.A. by the impugned order. Hence, this revision petition. It is submitted by the learned counsel for the petitioner that the Court below has not considered the matter in proper perspective and rejected the I.A. I have perused the affidavit filed in support of I.A.No.2974 of 2006 and also the impugned order, in which, the Court below recorded reasons for rejecting such I.A. It is evident from the very affidavit filed in support of I.A. that abnormal delay of 315 days was not explained properly, as such, I do not find any illegality to interfere with the order impugned under Section 115 CPC. However, it is made clear that as the respondents are disputing the title of the petitioner, it is always open to the petitioner to file a suit for declaration of title. Subject to the above observations, the Civil Revision Petition is dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 1st OCTOBER, 2010. kvni