HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No. 3599 of 2010 Date: 29-01-2011 Between Kanuru Venkateswara Rao ……….. Petitioner and Nuthalakanti Nagalakshmi and others …….. Respondents HON’BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No. 3599 of 2010 ORDER: This Civil Revision Petition is filed, under Article 227 of the Constitution of India, aggrieved by the order, dated 26-04-2010 passed in I.A.No.207 of 2010 in O.S.No.370 of 2009 on the file of the I Additional Senior Civil Judge, Guntur. The respondent-plaintiff filed the suit for declaration of right over the suit schedule property, and the petitioner-defendant was set ex parte. Therefore, the petitioner-defendant filed an Application to set aside the ex parte decree and as there was delay in filing the application, he also filed I.A.No.207 of 2010 to condone the delay. The lower Court, after considering the material on record, allowed the I.A. and condoned the delay on payment of costs of Rs.500/- to the plaintiffs on or before 30-04-2010, failing which the petition shall stand dismissed. Aggrieved thereby, the present Revision Petition is filed. Learned counsel for the petitioner-defendant submitted that the petitioner-defendant could not attend the Court on 26-04-2010 and 30-04-2010 as his father was not well and he does not know about the conditional order and could not pay the costs. Admittedly, the petitioner-defendant could not comply with the conditional order on or before 30-04-2010. He ought to have approached the lower Court and filed an Application seeking extension of time to comply with the said order, instead of filing CRP. Accordingly, the Civil Revision Petition is dismissed, however, with liberty to the petitioner-defendant to file an Application before the lower Court seeking extension of time. No order as to costs. ____________________ GHULAM MOHAMMED, J Date: 29-01-2011 YCR