THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.6152 of 2009 Dated:04th March, 2010 Between: Manglipalli Anjamma ….Petitioner and 1. Manglipalli Parvathamma & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.6152 of 2009 ORDER: This Civil Revision Petition is directed against the Order dated 21.10.2009 passed in I.A.No.2570 of 2008 in an unregistered CMA on the file of the Principal District Judge, Nalgonda, whereby and whereunder the learned Principal District Judge dismissed the application filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 349 days in filing the Civil Miscellaneous Appeal. 2. The petitioner herein is one of the respondents in O.P.No.9 of 2002 on the file of the Junior Civil Judge, Nalgonda. The said O.P. was filed by the first respondent herein for grant of succession certificate on the ground that she is the legally wedded wife of deceased Mangilipalli Lingaiah. The petitioner herein along with other respondents contested the O.P. Ultimately the O.P. came to be allowed in part, by order dated 01-10-2007. The petitioner filed Civil Miscellaneous Appeal along with delay condonation petition being I.A.No.2570 of 2008 to condone the delay of 349 days. The first respondent herein filed counter resisting the application. The leaned Principal District Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the petitioner failed to show any sufficient cause for condonation of delay and thereby proceeded to dismiss the application, by order dated 21.10.2009. The said order is assailed in this revision. 3. Notice before admission came to be ordered on 30-12-2009. The first respondent received notice and entered appearance through a counsel. 4. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 1st respondent. 5. Learned counsel appearing for the petitioner submits that the petitioner could not present the appeal within time as she suffers from Jaundice. A further submission has been made that the first respondent already filed an appeal being C.M.A.No.1 of 2008 on the file of the Principal District Judge, Nalgonda. 6. Learned counsel appearing for the first respondent submits that the petitioner did not place on record any material to show that she suffers from Jaundice and therefore, the order of dismissal of the application does not warrant interference. 7. The factual aspect of the first respondent filing the appeal assailing the same order passed in O.P.No.9 of 2002 and pendency of the appeal on the file of the Principal District Judge, Nalgonda, is not disputed by the learned counsel appearing for the first respondent. In that view of the matter, I deem it appropriate to condone the delay of 349 days in filing the C.M.A. subject to payment of costs of Rs.500/- within two weeks from today. 8. Accordingly, the Civil Revision Petition is allowed at the admission stage setting aside the order dated 21.10.2009 passed in I.A.No.2570 of 2008 in an unregistered C.M.A. on the file of the Principal District Judge, Nalgonda, and consequently, I.A.No.2570 of 2008 stands allowed. The learned Principal District Judge shall dispose of the appeal as expeditiously as possible, preferably within a month from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th March, 2010. Note: Issue C.C. within three days. B/O cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.No.6152 of 2010 Dated:04th March, 2010.